You Moved But Don't Want To Give Your New Address

Bailiffs may unlawfully engage in debtor tracing by searching online or monitoring social media, often showing up at a debtor's location without issuing the required statutory notice. If the Warrant or Writ used is 'defective'—for instance, by listing an incorrect address—the creditor may be held liable for damages.

A Warrant citing a debtor’s previous address or outdated DVLA registration address is defective due to its failure to specify the debtor’s current address. This defect invalidates any enforcement action taken under it. The debtor has the right to apply for an injunction to stop enforcement immediately.

Bailiffs tracing a debtor to a new address breaches Paragraph 12 of the Government’s official guidelines, the Taking Control of Goods: National Standards 2014, which clearly states:

Creditors must not issue a warrant knowing that the debtor is not at the address, as a means of tracing the debtor at no cost.

Such actions not only contravene official guidelines but are also motivated by financial gain. By tracing debtors to a new address, bailiffs circumvent the risk of the debt being settled during the compliance stage, enabling them to claim the full £310 compliance and enforcement stage fees.

Moreover, if the bailiff has not provided the debtor with a statutory Notice of Enforcement at the correct address, under Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014, they are prohibited from recovering their fees.

If the debt is legitimate, it is advisable to settle the matter directly with the creditor or council. Doing so will terminate the enforcement power, removing the bailiff and their associated fees from the equation.

If enforcement proceeds under a defective Warrant, issue a Rule 6 Notice asking the authority to halt enforcement and reset the PCN to its original amount, allowing you to pay or dispute it.