Director of a Ltd company is visited at home about a company debt
Unless the director has made a Personal Guarantee, bailiffs cannot pursue a director at his home address about a debt owed by a Limited company
The law says bailiffs may only take control of goods of the debtor, where it usually carries on business
The company does not carry on business at a directors home address, nor does the company keep goods there
The debtor being harassed or pestered about a debt owed by a company can apply to the court for a injunction because the bailiff is not acting lawfully
The bailiff is acting in breach of paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, and can bring an action to injunct the bailiff and the creditor jointly and severally under section 3 of the Protection from Harassment Act 1997
The victim must give the bailiff company and the creditor an opportunity to cease and desist from harassing a director at home about a company debt before bringing an action for injunctive relief.
Email and text message to give notice to the bailiff company and the creditor an opportunity to cease and desist harassing or perstering a company director according to a deadline.
Take a screenshot of the sent email and text message to the bailiff recording the time they were sent, and exhibit them as evidence.Gather the following (where possible)
The Law:
Paragraph 9 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:
An enforcement agent may take control of goods only if they are—
Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:
Paragraph 14 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:
(1)An enforcement agent may enter relevant premises to search for and take control of goods.
(2)Where there are different relevant premises this paragraph authorises entry to each of them.
(3)This paragraph authorises repeated entry to the same premises, subject to any restriction in regulations.
(4)If the enforcement agent is acting under section 72(1) (CRAR), the only relevant premises are the demised premises.
(5) (repealed)
(6)Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor—