June 12, 2019 at 11:30 am #22272AdministratorKeymaster
Directors are not liable for his company’s debts, unless he made a personal guarantee. The company cannot “reside” at a director’s private address unless the writ has the directors private address on it. In that case, the company’s goods are probably not at the address and enforcement cannot be executed. The director can sue the bailiff company and the creditor for breach of regulations that specify addresses the bailiff may attend.
Bailiffs called at your private address collecting a debt owed by a company
It is the practice of bailiffs to attend a directors private address in connection with a debt owed by his company that trades elsewhere
Paragraph 14 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;
14(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)If he is acting under section 121A of the Social Security Administration Act 1992 (c. 5), premises are relevant if they are the place, or one of the places, where the debtor carries on a trade or business.
(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.
The debtor is a commercial entity and it cannot ‘live’ at a residential address. However it can clerically operate from a residential address, but not trade from there unless planning consent is given.
If the residential address is not on the writ, then the bailiff does not have a power to take control of goods there.
If money was taken by a bailiff then you can bring an action for breach of paragraph 14(6) under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which states;
66(1)This paragraph applies where an enforcement agent—
(a)breaches a provision of this Schedule, or
(b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.
(2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.
(3)But the debtor may bring proceedings under this paragraph.
(4)Subject to rules of court, the proceedings may be brought—
(a)in the High Court, in relation to an enforcement power under a writ of the High Court;
(b)in a county court, in relation to an enforcement power under a warrant issued by a county court;
(c)in any other case, in the High Court or a county court.
(5)In the proceedings the court may—
(a)order goods to be returned to the debtor;
(b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.
(6)A related party is either of the following (if different from the enforcement agent)—
(a)the person on whom the enforcement power is conferred,
(7)Sub-paragraph (5) is without prejudice to any other powers of the court.
(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—
(a)that he was not breaching a provision of this Schedule, or
(b)(as the case may be) that the instrument was not defective.
(9)This paragraph is subject to paragraph 59 in the case of a breach of paragraph 58(3).
This is also supported by See this judgment
The company is liable for the debt, and if the company has ceased to exist then the bailiff is unable to recover the debt. The bailiff has to return the debt to the creditor with a nulla bona certificate.
If a bailiff carries on pestering you at home about a company debt, then refer a solicitor to injunct the bailiff and the creditor under section 3 of the Protection from Harassment Act 1997, which states;
(1)An actual or apprehended breach of section 1(1) may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.
(2)On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.
(a)in such proceedings the High Court or the county court grants an injunction for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment, and
(b)the plaintiff considers that the defendant has done anything which he is prohibited from doing by the injunction,
the plaintiff may apply for the issue of a warrant for the arrest of the defendant.
(4)An application under subsection (3) may be made—
(a)where the injunction was granted by the High Court, to a judge of that court, and
(b)where the injunction was granted by the county court, to a judge of that court.
(5)The judge to whom an application under subsection (3) is made may only issue a warrant if—
(a)the application is substantiated on oath, and
(b)the judge has reasonable grounds for believing that the defendant has done anything which he is prohibited from doing by the injunction.
(a)the High Court or the county court grants an injunction for the purpose mentioned in subsection (3)(a), and
(b)without reasonable excuse the defendant does anything which he is prohibited from doing by the injunction,
he is guilty of an offence.
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