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)

Evidence the liability does not personally reside with the person harassed

Evidence the bailiff attended, or threatening to attend a director's home address

The name of bailiff involved

The name and address if the bailiff company involved

The name and address of the creditor

Where known, a copy of the writ of control, warrant or other enforcement power


The Law:

Paragraph 9 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:

Goods which may be taken

An enforcement agent may take control of goods only if they are—

(a)on premises that he has power to enter under this Schedule, or

(b)on a highway.

Paragraph 10 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 goods of the debtor.

Paragraph 14 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:

Entry without warrant

(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—

(a)usually lives, or

(b)carries on a trade or business.