June 12, 2019 at 9:28 am #22253AdministratorKeymaster
The law says the debt can only be enforced against the debtor named on the writ. If enforcement is executed against someone else, they can claim damages under section 3 of the Torts (Interference with Goods) Act 1977. They can also make an “interpleader claim” which need legal expertise, but the costs are recoverable.
Enforcement fails and everything may be recovered.
Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;
An enforcement agent may take control of goods only if they are goods of the debtor.
Even if the debtor named on the writ is a company, a director is not personally liable for it.
You can bring an action 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.
If you just want money back, then a chargeback might a quicker route.
Ask the creditor to pay back your money
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