Hi
@joebloggs90,
Several legislative instruments and regulations substantiate your position regarding the warrant's defectiveness due to an incorrect address. Below is a summary of the key legal frameworks that apply:
Tribunals, Courts and Enforcement Act 2007Schedule 12 requires warrants to be properly issued, including accurate details of the individual and property. Paragraph 66 allows redress for regulatory breaches, benefiting not only the debtor but also affected third parties. An incorrect address invalidates the authority to take control of goods, providing grounds to challenge enforcement.
Taking Control of Goods Regulations 2013Regulation 6 requires that the Notice of Enforcement be sent to the debtor's "usual or last known address" to provide a fair opportunity to address the debt.
Regulation 8 states that a warrant must accurately identify the debtor and goods. Any error, such as an incorrect address, renders the warrant voidable.
Regulation 10(1)(a) mandates a minimum of seven days' notice before taking control of goods. An incorrect address breaches this requirement.
Taking Control of Goods (Fees) Regulations 2014Regulation 4 states that enforcement fees are valid only if a valid warrant exists. Therefore, a defective warrant nullifies any associated fees.
Civil Procedure Rules (CPR)Part 84 provides for challenging enforcement actions, including setting aside defective warrants. CPR 84.3 allows individuals to seek judicial relief for procedural defects.
National Standards for Enforcement Agents 2014These guidelines require enforcement agents to verify all procedural information, including addresses. Non-compliance may invalidate enforcement and lead to liability for damages.
Citing these provisions strengthens your position that the warrant's defectiveness undermines its validity. This framework supports actions such as setting aside the warrant or pursuing damages, thereby protecting your rights.
I recommend reaching out to your legal advisor as soon as possible to discuss these points in detail and begin the process of challenging the warrant effectively.