Bailiff is pestering you about someone else's debt

There is no enforcement power against you

If a bailiff does not have lawful authority, or reason, to harass or pester you without having an enforcement power against you, you can apply to the court for an injunction because the bailiff is not acting in execution of duty.

You must give notice to the bailiff an opportunity to cease and desist contacting you.


Procedure

Tell the bailiff company, the bailiff and if known, the creditor that you are not the debtor, and you do not owe them any money. Give the consequences if they continue to harass or pester you about money you do not owe.

If the bailiff continues to harass or pester you, apply for an injunction at court on a Form N16A together with a Claim Form a witness statement and exhibits and a draft order

The court fee for an N16a is £308. If you are on a low income, claim court fee remission online and put the application reference number on your form N16a

Attend the hearing

Serve a copy of the order on the bailiff company and, if known, the creditor

The bailiff company complies with the order and agrees to stop harassing or pestering you

The court lists a further hearing which the bailiff company and the creditor attends, and decides your costs of bringing the application.

The defendant bailiff company or the creditor will usually have to pay your costs within 14 days

The Law:

Section 1 of the Protection from Harassment Act 1997 states:

Prohibition of harassment.

(1)A person must not pursue a course of conduct—

(a)which amounts to harassment of another, and

(b)which he knows or ought to know amounts to harassment of the other.

(1A)A person must not pursue a course of conduct —

(a)which involves harassment of two or more persons, and

(b)which he knows or ought to know involves harassment of those persons, and

(c)by which he intends to persuade any person (whether or not one of those mentioned above)—

(i)not to do something that he is entitled or required to do, or

(ii)to do something that he is not under any obligation to do

(2)For the purposes of this section or section 2A(2)(c), the person whose course of conduct is in question ought to know that it amounts to or involves harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3)Subsection (1) or (1A) does not apply to a course of conduct if the person who pursued it shows—

(a)that it was pursued for the purpose of preventing or detecting crime,

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

(c)that in the particular circumstances the pursuit of the course of conduct was reasonable.

The Law:

Section 3a of the Protection from Harassment Act 1997 states:

Injunctions to protect persons from harassment within section 1(1A)

(1) This section applies where there is an actual or apprehended breach of section 1(1A) by any person ("the relevant person").

(2)In such a case—

(a)any person who is or may be a victim of the course of conduct in question, or

(b)any person who is or may be a person falling within section 1(1A)(c)

may apply to the High Court or the county court for an injunction restraining the relevant person from pursuing any conduct which amounts to harassment in relation to any person or persons mentioned or described in the injunction.

(3)Section 3(3) to (9) apply in relation to an injunction granted under subsection (2) above as they apply in relation to an injunction granted as mentioned in section 3(3)(a)

Give notice to the bailiff company and the creditor (or council) by email saying, if you are contacted again about money not owed by you, you will apply for an injunction without further notice.

Make a screenshot of the email recording the time it was given. You will need to exhibit it with your application.

If the bailiff makes a demand for money, apply for an injunction ordering the bailiff to stop harassing or pestering you about money you do now owe.

Gather the following:

    Screenshot of the email to the bailiff company telling them to stop harassing or pestering you about money you do not owe

    Any document showing the type of debt, the amount being enforced and the name of the debtor

    Evidence or documents from the bailiff demanding money or making a threat of the consequences for not giving that money


Complete a form N16a with a claim form, make a witness statement supported by above-mentioned exhibits and a draft order.

Take them in person to a county court and ask to go before a judge.

The court makes the order setting the terms.

You serve (give) copies to the bailiff company, the bailiff, and the creditor (The respondents).

The court lists a further hearing to decide your costs.

The respondents will usually have 14 days to pay. Give them your bank details enabling them to pay the money they owe.