Bailiffs Made You Pay Eomeone Else's Debt

When a bailiff is aware that the debtor lacks money or assets, they may attempt to coerce a family member or friend into "voluntarily" paying the debt. This coercion can involve threats of removing goods or refusing to leave until he takes a money transfer.

It is important to note that accepting a money transfer from a third party under these circumstances constitutes a criminal offence under Section 2 of the Fraud Act 2006. However, police often say this kind of offence is a civil matter and may refuse to investigate.

If you find yourself in this situation, you can initiate a chargeback through your banking app to reverse the transaction, ensuring the bank returns your money to your account.

Should a chargeback not be possible, you are entitled to make a third-party claim for the money, including interest and legal expenses, as the bailiff's enforcement powers are limited to the debtor named on the enforcement order.

The bailiff might argue that you gave the money voluntarily, aiming to deter you from reclaiming it. However, it is well-established in case law that a money transfer is a loan unless the parties expressly state in writing that it is a gift.

Be aware that bailiffs may document that you voluntarily transferred the money, sometimes without your knowledge.