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    Bailiffs and Warrants of Control

     

    Enforcement agents must on request show the debtor his identity and his authority to enter the premises. Paragraph 26(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

     

    The bailiff must carry the warrant with him when he attends the debtor’s premises, Section 126 of the County Courts Act 1984. (applies to PCN enforcement)

     

    If a bailiff is named on the warrant but is being executed by another then it is illegal, Symonds v Kurtz [1889] 61 LT 559 or R v Whalley [1835] 7 C&P 245 or R v Patience [1837] 7 C&P 775 but not if there is a mere typo in the bailiffs name, Section 78 of the Magistrates Courts Act 1980 or Section 125 of the County Courts Act 1984

     

    Bailiffs can only enforce payment of a debt at the address shown on the warrant or writ which is either where the debtor usually lives or carries on a trade of business. Paragraph 14 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

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