The notice is for someone who does not live here
An enforcement agent can only take control of “goods of the debtor”. The belongings of the people who actually live at an address are not the debtor’s goods, and a debt does not attach to a property.
An agent’s power to enter covers premises where they “reasonably believe” the debtor lives or carries on business. Once an enforcement firm has been told, with evidence, that the debtor is not at the address, that belief is harder to sustain.
What firms usually ask for
- A council tax bill or tenancy agreement in the current occupier’s name.
- Proof of the date the current occupier moved in, such as a completion statement.
- The reference number from the notice.
Most enforcement firms have a “new occupier” form or contact route on their website for exactly this.
The notice is in the right name, but the debt is not recognised
The Notice of Enforcement must give “sufficient details of the debt to enable the debtor to identify the debt correctly”, and details of the court order or power it is enforced under. Those details show who the creditor is, and the creditor is the one who can confirm or correct the debt.
| If the debt is | The body that can look at it |
|---|---|
| Council tax | The council’s council tax department. |
| A council parking or traffic penalty | The council, and the Traffic Enforcement Centre if the registration of the debt is being challenged. |
| A county court judgment | The county court that made it. An application can be made to set aside a judgment the person did not know about. |
| A magistrates’ court fine | The magistrates’ court. Someone convicted without knowing about the case can make a statutory declaration. |
Each of those processes has its own forms and time limits. Citizens Advice has a page on stopping bailiffs where the debt is not owed, and can help with the paperwork.
The debt was already paid
Proof of payment goes to both the creditor and the enforcement firm. If the debt was paid in full before the firm was instructed, the creditor can withdraw the instruction. An agent may not recover fees for a stage carried out when the enforcement power was no longer exercisable.
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Goods taken that belong to someone else
A person who says goods taken into control are theirs, and not the debtor’s, can make a claim to the enforcement agent. If the claim is disputed they can apply to the court, and once the agent has notice of that application the goods must not be sold unless the court directs. The court can require a payment into court while the claim is decided.
If the firm carries on regardless
That is a matter for a complaint to the firm and the creditor, and then to the Enforcement Conduct Board for accredited firms. How to complain about a bailiff
Common questions
Can bailiffs take my things for a previous tenant’s debt?
No. Only goods belonging to the debtor can be taken. The current occupier may be asked to show that the goods are theirs and that the debtor does not live there.
Can bailiffs find someone who has moved?
Enforcement firms use tracing to find new addresses, and a notice can be served at a place where the debtor “usually lives or carries on a trade or business”.
Do I have to prove a previous occupier has left?
There is no legal duty on a new occupier to do the firm’s work, but in practice evidence of who lives at the address is what brings visits to an end.
Want to talk it through with someone?
Tell us where things are up to and one of our team will call to talk it through. A debt adviser then explains the options. There is no obligation to go any further.
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Free debt advice is available
These organisations give free, impartial debt advice and are independent of Bailiff Support Team. Nobody has to use a paid or commercial service to get help with their debts, and using one of the free services does not reduce the options available. Their advisers can also ask an enforcement firm to extend a notice period or apply for Breathing Space where it fits.
- MoneyHelperGovernment-backed. Finds a free debt adviser nearby or online.
- StepChange Debt CharityFree debt advice online and by phone.
- Citizens AdviceDetailed help with bailiffs, online and in person.
- National DebtlineFree advice and sample letters, run by the Money Advice Trust.