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High Court Enforcement Officers article
High Court Enforcement Officers article
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If you live in England or Wales, one of your creditors could hold a High Court Judgment or a County Court Judgment (CCJ) against you. In these cases, it’s then possible that they will hire a bailiff or High Court enforcement officer (HCEO) to collect the unpaid debts, including parking fines and court fines, on their behalf.

This usually happens when the creditor or private company you are in debt to no longer has the time or resources to continue chasing you for the debt you owe them.

What is a High Court enforcement officer?

A High Court enforcement officer is a type of enforcement agent authorised by the Lord Chancellor that is responsible for enforcing judgments, usually by seizing goods or repossessing property. If you don’t come to an agreement during their first visit, they will remove items to be sold at auction to cover the balance.

They are, however, required to provide seven days notice of their first visit to your home (or business premises if you are self-employed) where they will ask you to pay the debt in full.

If you are unable to do this, they will then make a list of the goods that they will seize and sell if you do not stick to the agreed payment plan.

They will normally allow you to keep hold of the goods as long as you are making regular payments towards the debt. If you don’t comply with the payment plan or fail to make the payments within a specified time, however, the HCEO will return at a later date to remove the controlled goods in order to sell them.

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How does a High Court enforcement officer differ from a County Court bailiff?

High Court enforcement officers work in a similar way to County Court enforcement agents or bailiffs which are assigned to collect County Court judgments.

They do, however, usually have higher collection rates due to the financial incentive involved and the fact that they only tend to get paid if their High Court judgments are successful.

Why would a creditor use a High Court enforcement officer?

The High Court is one of the two main civil courts that deal with non-criminal cases, usually involving financial claims. The High Court handles cases involving larger financial claims whereas the County Court handles cases relating to smaller financial claims.

If a CCJ is for a debt that’s more than £5000 and the company wants to reclaim the loss against the possessions owned by the judgment debtor, then the case must be transferred to the High Court and the recovery will be managed and carried out by a High Court enforcement officer.

Smaller cases that amount to £600 or more (including court costs) can also be transferred from the County Court to the High Court as High Court enforcement officers have greater powers than those of a County Court bailiff. HCEOs are also paid based on their results so are generally highly motivated and considered more effective than other certificated enforcement agents.

As well as this, a creditor can add an additional 8% interest to the debt being recovered once it has been transferred to a High Court enforcement officer for recuperation.

This makes the fees charged by a HCEO higher than a County Court bailiff and additional costs can put you under a lot more pressure to meet the terms and conditions of the plan set out to pay it back.

What can High Court enforcement officers do?

A HCEO holds specific permission from the Ministry of Justice to enforce a type of High Court judgment known as a High Court Writ.

  • A HCEO can execute High Court Writs and Writs of Possession, Possession and Control, Restitution, Delivery and of Assistance.
  • A HCEO can execute CCJs holding a value of £600 and above as long as the claim did not arise in a matter covered under the Consumer Credit Act 1974. If the money owed is over £25,000, this restriction does not apply.
  • A HCEO can execute an Employment Tribunal or ACAS Award.
  • A HCEO can execute a High Court Possession Order or a County Court Possession Order transferred to the High Court.

The Writ of Control ordered by the High Court gives power to the High Court enforcement officer to contact and visit the debtor to collect payment or to have the debtor agree to a payment plan.

The High Court enforcement officer is permitted to take control of the debtor’s assets in order to have them removed and sold at auction to provide payment towards the debt where the debtor has failed to make payments or has not agreed to a suitable payment plan.

They deal with non-regulated debts, such as business debts, tribunal awards, utility arrears, and old rent arrears, but they cannot enforce debts like credit cards, overdrafts, payday loans, and personal loans.

How do High Court enforcement officers get involved?

There is a specific process for HCEOs to get involved. The creditor in question will firstly need to apply for a “Writ of Control”, which essentially gives the officer permission to visit your home to secure payment of debt or seize your belongings. The High Court fee for issuing a Writ of Control is £71.

However, they cannot show up with no warning. You will be sent a notice of enforcement letter to notify you of their visit a minimum of seven days before they are due to arrive.

When they visit, they will usually ask you to pay the debt in full, and if you are unable to do so, they will look at taking your belongings. If you’re self-employed, it’s also possible that they will visit you whilst you are at your place of business.

If they start taking control of your possessions, they will do so by making a list of any valuable items that they plan to remove. The rules for what they can and cannot take are the same as any other kind of bailiff.

If you make a payment plan with them to clear the debt, known as a controlled goods agreement or a walking possession agreement, however, they will usually let you keep the goods.

In some cases, they will take items straightaway; usually when they come across larger valuables such as a car or if you will get rid of or sell goods before paying the debt owed. This sometimes also involves them putting a clamp on your car to stop you driving it.

As a last resort, they may also collect any unpaid criminal fines like income tax or stamp duty.

Can a High Court enforcement officer break into my house?

Your home

Whilst High Court enforcement officers can try to gain entry to your home in an attempt to look for items to take, High Court bailiffs cannot force entry the first time they visit. They also cannot use force to push past you, use physical force to prevent you from closing the door on them, nor can they climb through an open window or skylight to reach you.

If it isn’t the first time they have visited your home, however, and they’re looking to collect items listed in a controlled goods agreement, they can force entry if you refuse to pay.

Your commercial premises

Moreover, if they visit you at your commercial premises, the rules are different, and they are allowed to use force to break into your commercial property if you refuse to let them in. The officers are expected, however, to give you a reasonable amount of time to allow peaceable entry before they breach your business premises.

If a HCEO needs to use forced entry to carry out their operations, then they must re-secure the property to the same standard prior to making the forced entry before they leave.

If the property contains both commercial and residential premises, then the HSEO must treat the premises as a residential property and acquire peaceful entry before being permitted to use force to gain access to either area on later visits.

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What can a High Court enforcement officer take?

A High Court enforcement officer can take items that can be considered assets. This can include any vehicles, equipment, jewellery, stock or other goods owned by you alone and not fully or in part by anyone else living in the same property.

A HCEO is also not able to take any items that are deemed essential for a basic standard of living. This includes such things as bedding, furniture and clothing. This is also the case for any foodstuffs, plants or flowers.

If you’re self-employed, a HCEO cannot take any tools that you need to operate your business up to the value of £1,350. This includes tools, vehicles, books, computers and other items that are solely used for business operation.

Lastly, a HCEO cannot take any goods or assets that are under a hire purchase agreement or that are leased or rented to the defendant. These are not classed as items that you own outright and therefore cannot be taken to be sold at auction. This includes all leased cars or white goods such as your fridge or washing machine.

What is the difference between a High Court enforcement officer and a sheriff?

Before 2004, High Court enforcement officers were known as sheriff’s officers and could enforce High Court Writs on behalf of the high sheriff for each county in England and Wales.

Today, High Court enforcement officers have taken over the sheriff’s officers duties and are personally responsible for the enforcement of High Court Writs.

What fees can High Court enforcement officers charge?

Unfortunately, if your debt has reached the enforcement stage then all High Court bailiffs will add fees to your existing balance. However, the fees charged by HCEOs are usually higher than most others as they are set by law.

You’ll be charged £75 just for the sending of your notice of enforcement letter. A further fee of £190 + 7.5% of the balance over £1,000 will then be added on the first visit.

If you don’t make any arrangement to pay back what you owe, then £495 will be added to your balance. This is also the case if you make an arrangement but then fail to stick to it within a set period of time.

In cases where the officers have to come back a second time to collect goods, a fee of £525 + 7.5% of the balance over £1,000 will be applied. Moreover, if goods are taken, you’ll be charged for any additional storage or auction fees.

What should I do if I’m contacted by a High Court enforcement officer?

If you are contacted by a High Court enforcement officer, how you handle the situation will depend on your individual circumstances. It will understandably be a stressful time, but it is important to deal with it as soon as possible as well as in the right way.

If you are able to afford to pay the debt in full at the time of your notice of enforcement, you should do so straightaway. That way, you’ll be able to keep any additional costs to a minimum.

Otherwise, you’ll need to make an offer to pay back what you owe in instalments. To do this, you’ll need to send it in writing to both the creditor and the HCEO.

It is important to also send a copy of your income and expenditure as evidence of your affordability. Once you have done this, you should start making payments at your offered rate, even if they haven’t agreed yet.

If they refuse what you offer for whatever reason, you may need to increase your offer of what you can pay. This is especially important if they have already visited you at your home or work and created a controlled goods agreement.

How can I stop High Court enforcement officers?

If you aren’t able to come to an agreement with High Court enforcement officers, it may be possible to use a N244 form to apply to the court for a ‘stay of execution’, which can stop any action against you.

This must include all the details about your situation including your budget, income, expenditure financial statement, and any supporting information.

However, High Court enforcement officers are usually much more difficult to stop than County Court bailiffs – who usually collect County Court judgments – and the court won’t always agree to a stay of execution.

Where can I get more advice on High Court Enforcement Officers and other debt solutions?

To discuss your options and get the support you need to deal with your debt today, contact us now on 0800 0431 431 or click the button to get started

Maxine McCreadie

Maxine is an experienced writer, specialising in personal insolvency. With a wealth of experience in the finance industry, she has written extensively on the subject of Individual Voluntary Arrangements, Protected Trust Deed’s, and various other debt solutions.

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Our debt experts, and insolvency practitioners continually monitor the personal finance and debt industry, and we update our articles when new information becomes available.

Current Version

October 23 2018

Written by
Maxine McCreadie

Edited by
Maxine McCreadie