BAILIFF AND WARRANT OF CONTROL


A Bailiff must show Debtor Identity, Carry The Physical Warrant (Not on a Tablet), Bailiff must be Named on the Warrant

  1. IDENTITY
    Enforcement agents must on request show the debtor his identity and his authority to enter the premises. Section (http://www.legislation.gov.uk/ukpga/2007/15/schedule/12/paragraph/26) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
  2. PHYSICAL WARRANT
    The bailiff must carry the warrant with him when he attends the debtor’s premises, Section 26(2) (https://www.legislation.gov.uk/ukpga/2007/15/schedule/12/paragraph/26)

(Demand Must be in Writing and Signed by the Person Making it 126(2)
County Courts Act 1984. (https://www.legislation.gov.uk/ukpga/1984/28/section/126) Applies to PCN enforcement)

  1. BAILIFF NAMED ON WARRANT
    (Not Company)
    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
    R v Whalley [1835] 7 C&P 245
    R v Patience [1837] 7 C&P 775

but not if there is a mere typo in the bailiffs name, Section 78 (http://www.legislation.gov.uk/ukpga/1980/43/section/78) of the Magistrates Courts Act 1980 or Section 125 (http://www.legislation.gov.uk/ukpga/1984/28/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 (http://www.legislation.gov.uk/ukpga/2007/15/schedule/12/paragraph/14) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

An Approved Enforcement Agency (AEA) is a person or body approved by the Lord Chancellor, in accordance with s125B(2) Magistrates Court Act 1980 (as amended by Courts Act 2003), to:

execute warrants of arrest and control issued by
the magistrates court in England and Wales for non payment of a criminal financial penalty or breach of a community penalty order

VERY IMPORTANT ISSUED BY
MAGISTRATES COURT
(Not the Justices for or of a Magistrates Court)

Certificated Bailiff Register – Justice UK : https://certificatedbailiffs.justice.gov.uk/

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