The bailiff is persistently bothering you regarding a debt owed by someone else.

If a bailiff lacks legitimate authority or grounds to harass you without enforcement power, you can seek a court injunction, as the bailiff's actions do not align with their duty. You are required to notify the bailiff and provide them with an opportunity to stop contacting you.


Procedure

Notify the bailiff company, the individual bailiff, and if ascertainable, the creditor, asserting that you are not the debtor and bear no financial obligation. Clearly delineate the consequences should they persist in harassing or pressuring you regarding debts that do not pertain to you.

Should the harassment persist, pursue legal recourse by obtaining an injunction through the court process using Form N16A. Accompany this form with a Claim Form, a witness statement, exhibits, and a draft order.

The court fee for submitting Form N16A amounts to £385. If you meet the criteria for low income, apply for court fee remission online and ensure to include the application reference number on your Form N16A.

Attend the scheduled court hearing.

Then, serve a copy of the order to the bailiff company and, if their identity is known, to the creditor.

Once the bailiff company complies with the court order and commits to desist from further harassment, the court will convene an additional hearing wherein both the bailiff company and the creditor are involved. During this hearing, the court determines the costs incurred in initiating the application.

Typically, the defendant bailiff company or creditor is obligated to cover your incurred costs within a period of 14 days.

The Law:

Section 1 of the Protection from Harassment Act 1997 states:

Prohibition of harassment.

(1)A person must not pursue a course of conduct—

(a)which amounts to harassment of another, and

(b)which he knows or ought to know amounts to harassment of the other.

(1A)A person must not pursue a course of conduct —

(a)which involves harassment of two or more persons, and

(b)which he knows or ought to know involves harassment of those persons, and

(c)by which he intends to persuade any person (whether or not one of those mentioned above)—

(i)not to do something that he is entitled or required to do, or

(ii)to do something that he is not under any obligation to do

(2)For the purposes of this section or section 2A(2)(c), the person whose course of conduct is in question ought to know that it amounts to or involves harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3)Subsection (1) or (1A) does not apply to a course of conduct if the person who pursued it shows—

(a)that it was pursued for the purpose of preventing or detecting crime,

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

(c)that in the particular circumstances the pursuit of the course of conduct was reasonable.

The Law:

Section 3a of the Protection from Harassment Act 1997 states:

Injunctions to protect persons from harassment within section 1(1A)

(1) This section applies where there is an actual or apprehended breach of section 1(1A) by any person ("the relevant person").

(2)In such a case—

(a)any person who is or may be a victim of the course of conduct in question, or

(b)any person who is or may be a person falling within section 1(1A)(c)

may apply to the High Court or the county court for an injunction restraining the relevant person from pursuing any conduct which amounts to harassment in relation to any person or persons mentioned or described in the injunction.

(3)Section 3(3) to (9) apply in relation to an injunction granted under subsection (2) above as they apply in relation to an injunction granted as mentioned in section 3(3)(a)

Inform the bailiff company and the creditor (or council), through email correspondence, that any future communication concerning debts not owed by you will prompt immediate action to pursue an injunction without prior notification.

Take a screenshot of the email exchange, ensuring that the timestamp of transmission is clearly visible. This screenshot will serve as essential evidence for your application.

Should the bailiff demand payment, pursue legal recourse by seeking an injunction to compel the bailiff to desist from harassing or pressuring you regarding debts that you do not owe.

Gather the following documentation:

    Capture a screenshot of the email dispatched to the bailiff company instructing them to cease harassment or pressure tactics regarding debts that you do not owe.

    Furnish any document outlining the debt's particulars, including the enforced amount and the debtor's identity.

    Present evidence or correspondence from the bailiff illustrating demands for payment or threats of repercussions for non-compliance.


Complete a Form N16a, along with a claim form, and prepare a witness statement corroborated by the aforementioned exhibits. Additionally, draft an order outlining the desired actions.

Personally deliver these documents to a county court and request a hearing before a judge.

Upon review, the court issues an order delineating the prescribed conditions.

Disseminate copies of the order to the bailiff company, the individual bailiff, and the creditor (referred to as the respondents).

The court arranges a subsequent hearing to ascertain your incurred costs.

Generally, the respondents are given a 14-day timeframe to settle. Provide them with your bank details to expedite payment of the outstanding amount.