Dealing with Bailiffs

Are Bailiffs Allowed to Keep Spamming with SMS Text Messages?

General unlawfulness of repeated unsolicited messages

It is not lawful for enforcement agents or bailiff companies to engage in repeated, unsolicited text messaging as a means of tracing debtors, soliciting payment, or eliciting information. The practice is not only intrusive but may also constitute criminal conduct under several statutory provisions. The law is clear that enforcement must be carried out in accordance with lawful process, and any deviation which causes distress or harassment to the debtor may expose the sender to criminal or civil liability.

Guidance under the Taking Control of Goods framework

Paragraph 12 of the Taking Control of Goods: National Standards (April 2014), issued by the Ministry of Justice, expressly states that enforcement agents must not be used for the purpose of tracing debtors. This guidance, while not itself binding law, is nevertheless authoritative and expected to be followed by all enforcement agents operating under the Taking Control of Goods Regulations 2013. If a bailiff is attempting to use unsolicited text messages to trace a debtor, that conduct falls outside the scope of legitimate enforcement activity.

Application of criminal law

Where such messages are of a threatening or distressing nature, the criminal law may intervene. Section 1(1)(a)(ii) of the Malicious Communications Act 1988 makes it an offence to send to another person a communication which conveys a threat or is sent with the intention of causing distress or anxiety. This offence applies to electronic communications, including text messages. Similarly, Section 127(1)(a) of the Communications Act 2003 criminalises the sending of a message by means of a public electronic communications network that is grossly offensive or of an indecent, obscene or menacing character. Both provisions are routinely relied upon in cases involving offensive or harassing messages.

Harassment and civil remedies

Where the conduct is repeated or systematic, it may also amount to harassment under civil and criminal law. Section 1 of the Protection from Harassment Act 1997 prohibits a course of conduct which amounts to harassment and which the defendant knows or ought to know amounts to harassment. For civil purposes, the threshold is lower, and section 3 of the same Act entitles the victim to claim damages for anxiety and any financial loss resulting from the harassment, and also permits the court to grant an injunction. The statutory cause of action does not require physical contact or overt confrontation; repeated text messages which cause alarm or distress may suffice.

Company liability for fraudulent communication

Where a company is knowingly sending such messages, or where officers of a company are complicit in such conduct, liability may also arise under Section 993 of the Companies Act 2006, which deals with fraudulent trading. If the purpose of the messages is to dishonestly induce payment of a sum not lawfully due or to gain a benefit by deceit, the directors or officers involved may be liable for criminal fraud. Moreover, if the messages are intended to trick the recipient into clicking links or downloading applications that reveal location data or access bank accounts, this may constitute an offence under the Computer Misuse Act 1990 or potentially under fraud legislation, particularly the Fraud Act 2006.

Practical protective steps

Practically, individuals receiving such messages should not engage. Replying to these messages confirms the number is active and may invite further communication. Instead, recipients should take immediate protective steps. If the number is known, it should be blocked. If the number is withheld or concealed, it should be reported to the mobile phone provider by forwarding the message to 7726, a service supported by all major networks for reporting spam texts. Vodafone users should forward such messages to 87726. These services assist in identifying the origin of the message and may lead to the disabling of the sender’s number or account.

Injunctions and court applications

Additionally, any recipient suffering continued harassment may make an application to the County Court for an injunction under section 3 of the 1997 Act. The application should include a schedule of messages received, the dates and times, and a witness statement explaining the distress or anxiety caused. Where a medical diagnosis has followed from the harassment, or where financial losses such as loss of earnings or costs of treatment have arisen, these should be pleaded in support of a claim for damages. If the applicant is on a low income, they may apply for a fee remission under form EX160. It is essential to preserve the evidence by saving screenshots or copies of the offending messages and any reports made to mobile providers or the police.

Reporting criminal behaviour

In the most serious cases, where the messages are part of a fraudulent or criminal enterprise, a report should be made to the police, either online or by calling 101. The police may consider whether criminal offences under the above statutes have been committed. If the sender’s identity is concealed and the message contains a menacing or fraudulent invitation to click a link or share personal data, this may be a matter for cybercrime units or Action Fraud.

Impact on enforcement proceedings

Enforcement agents who act outside the lawful remit of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 risk rendering their entire enforcement process invalid. Text message harassment may be taken as evidence of bad faith or procedural impropriety and may support an application to set aside a warrant of control or to stay enforcement proceedings under CPR Part 83 and CPR Rule 23. Such evidence may also be useful in support of a complaint to the relevant regulatory authority, such as the Civil Enforcement Association or the Ministry of Justice Enforcement Services.

Conclusion and available remedies

In summary, bailiffs do not have lawful authority to bombard individuals with unsolicited and harassing text messages in order to trace them, elicit payment, or obtain sensitive personal data. Such conduct is a breach of professional standards and may amount to criminal harassment, malicious communication, or fraud. Those affected have recourse through their mobile provider, the police, the Information Commissioner’s Office, and the civil courts. No individual is under any legal obligation to respond to such messages, and the safest course is to block, report, and document the contact while considering appropriate legal action if the harassment continues.