Director Of A Ltd Company Is Visited At Home About A Company Debt

Bailiffs cannot pursue directors at their homes for company debts unless there is a personal guarantee in place. If bailiffs wrongly take money or goods from a director, the director can apply for their return under Civil Procedure Rule 84.13, together with a claim for damages and legal expenses.

Paragraph 14(6) of Schedule 12 of the Tribunals, Courts, and Enforcement Act 2007 clearly stipulates that bailiffs may only take control of the debtor company's goods where the company conducts business. If your company does not operate at your home address, any such enforcement is in breach.

If a bailiff intends to take control of the debtor company's goods at a director's home address, they must first obtain a separate court order specifying the director's address, as required under Paragraph 15 of Schedule 12.

Remember, under Section 3 of the Protection from Harassment Act 1997, if a bailiff is harassing or pestering you at your home, you have the power to seek an injunction to restrain the bailiff. Your rights are protected.

If the enforcement power specifies the director's home address as the address for enforcement, an alternative remedy is available. The director can make a statutory declaration stating that the debtor company does not keep goods at the specified address. While this does not revoke the enforcement power, it removes the director's home address from future enforcement actions.