These agents often present documents that may appear legitimate, such as those displayed on tablets, but these are not court-issued warrants and are often not signed. They do not possess the original warrant, as it may not exist.

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Legal Requirements for Enforcement Agents

 

Bailiffs, agents, or enforcement representatives must possess a certificate under the original court warrant. If they cannot provide the original court warrant in an intelligible form, they may be committing an offense under several laws, including:

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Section 125 of the County Court Act

Section 78 of the Road Traffic Act

Section 2 of the Fraud Act

 

By law, police officers are required to examine the bailiff’s paperwork. If the bailiffs lack the necessary documents, the police are obligated to arrest them. If a police officer refuses to act, you can escalate the matter by filing a complaint against them for serious negligence of duty, which could lead to disciplinary action or even criminal charges.

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Harassment and Intimidation

 

You have the right to inform these agents that their actions are causing you distress and intimidation. Under Section 2 of the Protection from Harassment Act 1997, it is a criminal offense to make demands for money in a manner that causes alarm or distress. This applies regardless of the method of contact—be it phone, email, letter, or in person. Conviction can lead to imprisonment for up to six months and/or a fine of up to £5,000, along with legal costs.

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The Deed of Assignment

 

Bailiffs must produce a 'Deed of Assignment' under the Law of Property Act 1925. This document, often referred to as a 'debt sale agreement,' must be granted by the original creditor and comply with Section 44 of the Companies Act 2006. If multiple assignments are claimed, valid Deeds of Assignment for each must be provided. Failure to do so indicates non-compliance with Section 136 of the Law of Property Act 1925, which can be viewed as an admission that they lack the legal right to collect the debt.

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While they may argue that a deed of assignment is a private document that does not need to be shown, case law from the Supreme Court has established that this argument is not valid. Without the deed of assignment, they cannot demonstrate legal title to the claim, resulting in no claim and no evidence.

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Consumer Rights and Debt Validation

 

Under recent OFT Guidance (issued October 2010), creditors must provide specific information to debtors as outlined in Sections 77-79 of the Consumer Credit Act 1974. Debtors can request a true and certified copy of the original contract or credit agreement for a statutory fee of £1. This includes:

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Copies of documents referenced in the agreement

A statement of account

Validation of the alleged debt with full accounting

 

It is crucial to remind these agents that profiting through deception constitutes fraud, as defined by the Fraud Act 2006. Demanding payment without a legitimate commercial arrangement is an act of deception.

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Enforcement Legitimacy

 

The Tribunal Courts and Enforcement Act 2007 does not recognise private companies as enforcement agents, leaving them unregulated unless they can prove otherwise. The Magistrates Court Act 1980, Section 125B only permits authorized companies to execute warrants. If they claim to hold such a warrant, request that it be executed via Royal Mail only.

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