Bailiff enforcement and debtors abroad
Enforcement is only possible against debtors in England and Wales.
Even if the debtor has goods in England and Wales while living or working abroad, enforcement can still fail because the debtor must be given a Notice of Enforcement as well as other statutory notices according to the type of debt being enforced.
If the debtor can show the date he was given the Notice of Enforcement, post-dates the date the debtor travelled abroad, the enforcement fails under the operation of section 7 of the Interpretation Act 1978.
It is possible for a debtor to be given a Notice of Enforcement by email or other electronic communication provided it contains the prescribed information. The provision enabling electronic delivery of a Notice of Enforcement is regulation 8(1)(b) of the Taking Control of Goods Regulations 2013.
Depending on the type of debt being enforced, there may be further provisions that requires a debtor to be given notice:
By debt type
Section 7 Interpretation Act 1978 states:
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
Regulation 8 of the Taking Control of Goods Regulations 2013 states:
(1) Notice of enforcement must be given—