Warrant of Control Sent to Wrong Address – Your Rights

Dealing with bailiffs can feel very scary, but don’t worry – there are ways to make the situation better.

This guide is all about a problem called ‘Warrant of Control sent to the wrong address’, and it will answer any questions you might have. Over 170,000 people come to our website each month seeking guidance on their money problems, so you’re not alone.

In this guide, we will help you understand:

• What a Warrant of Control is.
• What to do if a Warrant of Control is sent to the wrong place.
• The powers a bailiff has with a Warrant of Control.
• What an Enforcement Notice is and when it is valid.
• How you can check if an Enforcement Notice is valid.

Shelter found that no-fault evictions have increased by 143% in recent years – with bailiffs often used as eviction enforcers¹. So, we understand how concerning it can be when the court issues a Warrant of Control.

Don’t worry. We’re here to show you how to stop bailiffs from coming to your home and to tell you about your rights.

Why Does It Happen? What Next?

Enforcement officers are given your last known address once a court issues a Warrant of Control.

There are a couple of reasons why a warrant would go to the wrong address. First, it could be a clerical error. Second, you failed to inform creditors that you’d moved and you didn’t provide them with a new address.

Chances are the new owner/tenant will inform the bailiffs that they’re chasing the wrong person. In short, because the details they have are incorrect. 

An enforcement is deemed to have failed if bailiffs show up at the wrong address. An application to stay the execution of the writ can be made and the judgement set aside.

The rules are laid out in the Tribunal Courts and Enforcement Act 2001 in Paragraph 14 of Schedule 12.

In short, Enforcement Agents can’t take control of goods if a debtor hasn’t received notice! Plus, bailiffs can only seize possessions that belong to debtors and not anyone else!

What Bailiffs Can and Can’t Do

I’ve put together this quick table to help you better understand your rights when dealing with bailiffs. If you’d like to learn more, be sure to read our detailed guide.

Will they find your correct address?

Bailiffs can find your new address in several ways. For example, they can find it by checking:

• Electoral register
• Tax
• DVLA

They also have their own tracing methods to find a debtor’s new address.

Can they force entry?

No. Bailiffs don’t have the power to force entry into your home with a Warrant of Control. However, if a door is left unlocked, they can enter your home!

Our financial expert, Janine Marsh, advises on letting a bailiff into your home: ‘It’s crucial you check who they say are before you open your door. Ask for their certificate through the letterbox or a window.’

You have the right to deny a bailiff entry into your home and they must respect your decision not to let them in.

You should talk to the enforcement agent through a letterbox or an upstairs window and remain polite the whole time.

That said, bailiffs could seize any of your assets found outside your home. This includes vehicles parked on your driveway or on the street.

But bailiffs can’t repossess a vehicle if it’s on finance!

» TAKE ACTION NOW: Fill out the short debt form

What if I ignore it?

Ignoring a Warrant of Control usually means that you have not paid the debt within 7 days of the Warrant being issued.

This now means that the High Court Enforcement Officers (HCEOs) can call on you in your house to try and speak to you to get you to pay. This will be within 15 days of the Warrant being issued. If your creditor has given them more than one address for you, they will call on each of these in turn.

This visit is to identify what goods they could potentially sell at auction. The proceeds of these sales will then go towards paying off your debt and any fees you have accumulated.

Keep in mind that HCEOs can’t force entry. They can complete this inventory if you invite them in, or if you are out and leave a door unlocked. If doors are locked and you don’t let them in, they can’t do anything apart from take goods that are outside your home.

For this reason, I recommend parking your car not on your drive or outside your home when you are expecting HCEOs or bailiffs.

Know your rights

If the Warrant of Control is sent to the wrong address, you could argue that you never received the correct notice. Therefore, the warrant can’t be enforced.

However, you should seek advice from a debt expert to see which is the best way to argue your case!

It’s worth noting that County Court Bailiffs have ways of finding debtors. They can use the electoral register to find your new address as well as other methods.

So it’s important to know your rights just in case a warrant of control or notice of enforcement goes astray. The reason is that county court bailiffs could eventually catch up with you at your new address armed with a Warrant of Control.

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What if I am a vulnerable person?

Before you start addressing the Notice of Enforcement, you should know that if you: 

• Are disabled in any way or extremely ill
• Suffer from any kind of mental illness 
• Have children or are pregnant 
• Are under the age of 18 or over the age of 65
• Are dealing with a stressful situation such as the death of a loved one or unemployment 
• Don’t speak English very well 

You are considered a vulnerable person. This means that any bailiffs will have to follow some additional rules to ensure their visit is as easy on you as possible.

Furthermore, if any of these conditions apply to you, you can get more time to deal with the Notice of Enforcement. You can also get more time if the Notice of Enforcement was not sent to you properly.  

If you fall into any of the above categories, you need to either tell the HCEOs yourself or get a relative or carer to do it for you. You can then contact them by phone or by post. I have a free letter template that you can use to explain your situation.

When you speak to the HCEOs, you need to:

• Tell them that you’re vulnerable
• Explain why you would find dealing with bailiffs more difficult than other people in the same situation
• Ask them to stop any visits in the future because it will cause harm and distress to you
• Tell them if a letter or a visit could make your situation worse – this could be the case if you have a mental health problem or a heart condition, for example.

Make a note of what you agree with the HCEOs about future contact. This will make it easier to argue with them if they don’t stick to this new agreement, or if you need to make a complaint.

How do I complain?

If you think that the HCEO has been unreasonable or behaved inappropriately, you can make a complaint. You can also make a complaint if you feel that they have broken any of the High Court Enforcement Officer Association’s (HCEOA) Code of Best Practice.

Make your first complaint to the HCEO’s company or agency so that they have the chance to sort out the issue themselves. If you feel that they have not taken your complaint seriously enough or have not addressed your issue properly, you can escalate matters.

You can make any secondary complaint to the HCEOA. They will investigate your complaint thoroughly and provide you with a report if your complaint is upheld. If the HCEO’s behaviour was very poor, they may be fined, and you could even be owed compensation.

References

1. Shelter – Section 21 Bailiff eviction statistics