If you are stuck in such a situation, here is what to do.

Ms. Sarah Jones lives with her partner, Mr. David Smith, and their young child in a house in Brighton. The property is owned by Mr. Smith. A former friend of Mr. Smith, a Mr. John Williams, resided at the property for several years but moved out two years ago. Recently, Ms. Jones and Mr. Smith have been receiving letters from High Court Enforcement Officers (HCEOs) from a company named ‘Swift Justice Bailiffs’ addressed to Mr. Williams. Despite Ms. Jones informing the HCEOs that Mr. Williams no longer lives at the address and providing them with his new contact details, the letters have continued, culminating in a visit from an enforcement agent. Ms. Jones is concerned that the HCEOs will attempt to seize her and her partner’s belongings to settle Mr. Williams’ debt, as they lack receipts for many of their household items.

Advice in such cases

If you find yourself in this position, it is crucial to act calmly and assertively. Do not allow the Enforcement Agents (also known as bailiffs) into your home. For this type of civil debt, they do not have the right to force entry. You should communicate with them through a closed and locked door or an upstairs window. Have your identification and proof of tenancy or ownership (like a recent council tax or utility bill) ready to show them. This demonstrates that the debtor does not live there. You should also send a formal letter or email to the enforcement agency, stating that the debtor does not reside at your address and that any further visits will be treated as trespass. Keep a detailed log of all communication, including dates, times, and the names of the agents you speak with.

Applicable Sections of Law

The conduct of Enforcement Agents in England and Wales is primarily governed by the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) and its associated regulations.

• Schedule 12 of the TCEA 2007: This section outlines the entire process of ‘Taking Control of Goods’. It is the foundational law for all enforcement agent actions.
• The Taking Control of Goods Regulations 2013: These regulations provide the specific, detailed rules that agents must follow, including the notices they must provide, the fees they can charge, and the times they can visit.
• Paragraph 14(6) of Schedule 12, TCEA 2007: This is a critical protection for you. It explicitly states that an enforcement agent may only take control of goods if they belong to the debtor. Goods owned by a third party, such as yourself or your partner, are not liable to be seized.
• Paragraph 10 of Schedule 12, TCEA 2007: This defines “relevant premises” as the place where the agent reasonably believes the debtor lives or carries on a business. Once you have provided credible evidence that the debtor no longer lives there, the agent’s belief may no longer be considered ‘reasonable’, and their right to be at your property is questionable.

If you are the complainant

If you are the creditor who has hired the HCEOs, it is your responsibility to provide the most accurate and current information about the debtor. Supplying an old address can lead to wrongful enforcement actions, causing distress to innocent third parties and potentially exposing you to legal complaints or claims for damages. Always ensure you have taken reasonable steps to verify the debtor’s current address before initiating enforcement.

If you are the victim

As the innocent resident in this scenario, you are the victim of a wrongful enforcement attempt. Your immediate priority is to protect your property and peace.

• Gather your evidence: Collect current council tax bills, utility bills, and your tenancy agreement or mortgage statement. These documents prove who the current residents are.
• Communicate clearly and in writing to both the enforcement agency and the original creditor. State the facts, provide evidence the debtor has moved, and formally withdraw their ‘implied right of access’ to your property.
• If an agent unlawfully takes your goods, you can make a formal third-party claim to those goods. This is a legal process to have them returned.

How the police behave in such cases

The police role in civil debt enforcement is often misunderstood. Police officers will generally not get involved, as it is a civil matter, not a criminal one. They should only attend if there is a genuine risk of a ‘breach of the peace’. They are there to remain impartial and keep the peace, not to assist the enforcement agent in gaining entry or seizing goods. An agent cannot use the police to intimidate you into letting them in.

FAQs people normally have

• Can they force their way into my home? For an unsecured High Court writ, no. They cannot force entry into a residential property unless they have previously been let in peacefully and have listed goods for seizure on a previous visit (known as a Controlled Goods Agreement).
• What if I don’t have receipts for my belongings? While receipts are the best proof of ownership, they are not the only form. Bank statements showing the purchase, photographs of you with the items over time, or even witness statements can be used to establish ownership. The burden of proof is on the HCEO to be satisfied the goods belong to the debtor.
• Can they take a car from the driveway? They can only take a vehicle if it is owned, solely or jointly, by the debtor. If the car is on a hire-purchase agreement, owned by you (the third party), or is a Motability vehicle, it cannot be taken. You must provide proof of ownership immediately.

What evidence is required?

• Proof of your identity (e.g., Passport or Driving Licence).
• Proof of your right to occupy the property (e.g., a current Tenancy Agreement or Mortgage Statement).
• Proof that you are the current resident (e.g., a Council Tax bill or a recent utility bill in your name).
• Any evidence you have that the debtor lives elsewhere (e.g., a copy of the letter you sent to the enforcement agency with the debtor’s new address).
• Proof of ownership for valuable items if you are concerned they may be targeted (e.g., receipts, invoices, bank statements).

How long will the investigation take?

This is not a formal ‘investigation’ but an enforcement process. The issue should be resolved very quickly once you provide the enforcement agency with clear, written evidence that the debtor does not live at your address. If you send a clear email with a copy of your council tax bill, the matter should cease. If the agency persists, you may need to make a formal complaint to the company and potentially escalate it to the High Court Enforcement Officers Association (HCEOA) or seek legal advice about harassment.

Consult with Lawyer

The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Advocate Sudhir Rao, Supreme Court of India