The High Court is the third-highest court in the UK. It primarily deals with high-value and high-importance civil, family, and administrative cases, as well as appeals that have been escalated from lower courts.
If you’ve been contacted by the High Court, it’s important you know what enforcement officers can and can’t do during the debt recovery process. This can help you know what to expect and identify when you’re being treated unfairly.
What is a High Court enforcement officer?
A High Court enforcement officer (also known as a High Court bailiff or a certificated enforcement agent) is a court officer who enforces judgments passed down from the High Court of England and Wales. They have greater powers than County Court bailiffs and can execute a wide range of judgments and orders.
They will visit you at home and ask you to repay what you owe in full. If you’re unable to pay the full amount owed, they might agree to let you pay in regular instalments while making a list of items they will return and seize if you fail to stick to the terms and conditions.
Before your creditor can send High Court enforcement officers to your home, they must apply to the court for a Writ of Control. This gives them the power to send bailiffs to your home and remove your belongings to recover payment of the debt.
How much debt do you have?
How does a High Court enforcement officer get involved?
There are many situations in which a creditor can use a High Court enforcement officer.
For example, a creditor might use a High Court enforcement officer if you have a County Court Judgment (CCJ) for a debt over £600 or if the debt is not regulated by the Consumer Credit Act (1974).
We’ve outlined the steps your creditor will usually follow when using a High Court enforcement officer below:
1. Your creditor applies for a Writ of Control
The first step is your creditor applying to the court for a Writ of Control.
This instructs High Court enforcement officers to visit your property and request payment or seize goods, depending on how you’re willing to deal with the debt.
2. You receive a Notice of Enforcement
Once your creditor has been given a Writ of Control from the High Court, you’ll receive a Notice of Enforcement.
This is essentially a letter warning you that you’ll be visited by High Court enforcement officers if you don’t pay what you owe or come to an agreement to deal with the debt within a set period (usually seven days).
3. A High Court enforcement officer will visit you
When a High Court enforcement officer visits you, they will ask you to pay the debt in full or look for goods they can remove to make up for the money owed. This is called a controlled goods agreement.
There are certain things a High Court enforcement officer can and can’t take when they visit you. They must leave you with the items you need to maintain a reasonable standard of living.
4. You agree to pay the debt in instalments
If you’ve agreed to repay the debt in instalments, it’s important to stick to your end of the bargain.
Failure to make payments in full and on time will lead to the High Court enforcement officer returning to seize the goods listed in the controlled goods agreement.
5. Your items might be seized straightaway
In some situations, your items might be seized or your car might be clamped before you’re given the chance to come to an agreement over how to repay the debt.
This might happen if a debt collector sees a high-value car in your driveway or they have a reason to believe you might sell off the goods listed in the controlled goods agreement.
Which debts can High Court enforcement officers collect?
A High Court enforcement officer can be used to collect a wide range of debts, such as:
- CCJs under £600
- VAT and income tax
- Utility arrears
- Tribunal awards
- Business debts
- Rent arrears
However, they can’t enforce consumer debts like:
- Payday loans
- Credit cards
- Overdrafts
- Personal loans
If you have consumer debts, a debt collector will typically be used instead. Remember, a debt collector doesn’t have the same legal powers as a bailiff and can only ask you to repay your debt, which means that they can’t enter your home or seize your belongings.
What items can a High Court enforcement officer take?
There are certain rules a High Court enforcement officer must follow when they visit you to collect payment of a debt, including the kinds of items they can and can’t take.
We’ve listed some of the things a High Court enforcement can take when they visit you below:
- Vehicles
- Jewellery
- Electricals
- Computers
- Games consoles
This includes items owned fully by you or jointly with someone else. They can also only remove goods that they can access and can physically touch and remove.
Here are some of the things a High Court enforcement officer can’t take when they visit you:
- White goods (e.g. cooker, microwave, fridge, freezer, washing machine)
- Landlines or mobile phones
- Beds or bedding
- Medical or care equipment
- Items needed for work or study up to a value of £1,350
- Hire purchase items that have not been fully repaid
- Items belonging to someone else (known as third-party goods)
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What can a High Court Enforcement Officer do?
There are certain things a HCEO is prohibited from doing when they visit you to collect a debt. We’ve outlined the main rules they must follow below:
They can’t force entry on their first visit
When a High Court enforcement officer visits you for the first time, you don’t have to let them in and they must not force entry into your home. This includes forcing entry through a closed door or window or putting their hand through a letterbox to unlock your front door.
The only situations in which they are allowed to force entry into your home are if they are visiting to collect unpaid criminal fines or HMRC debts or if you’ve broken a controlled goods agreement and they’re returning to seize the items listed.
They can’t visit within certain hours
High Court enforcement officers can’t visit you between the hours of 9pm and 6am. If they visit you after 9pm or before 6am, you have a right to complain to the company they work for.
The only time they can visit within these hours is if they have been given a warrant from the court giving them permission to do so.
They must verify their identity
The first thing you must do when a High Court enforcement officer visits you is ask to see proof of their identity. This includes their name, the company they work for, and their ID card (which all bailiffs must carry at all times).
If they are unable to provide this information, they could be trying to commit fraud and you must report them to the relevant body as soon as possible.
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Why might a creditor use a High Court enforcement officer?
If you’re anticipating a visit from a High Court enforcement officer, you might be wondering why your creditor has resorted to civil enforcement to recover what they are owed.
Here are some of the main reasons why your creditor might use a High Court enforcement officer:
- They can add up to 8% interest to a debt once it has been passed to a bailiff (e.g. a £1000 debt will turn into a £1080 debt)
- They can add bailiff fees to your existing balance, increasing the total amount you owe
- Bailiffs are persistent and can be difficult to stop once they have been hired to collect a debt
- Some bailiffs are paid based on the amount they collect, meaning they’re unlikely to stop until they’re successful
Conclusion
High Court enforcement agents are responsible for enforcing High Court judgments and CCJs worth over £600 in England and Wales. They must adhere to strict rules when visiting you to collect a debt, including not visiting outside of certain hours or seizing items you need to maintain a reasonable standard of living.
Unlike County Court bailiffs, a High Court enforcement officer can only get involved after court action and if your creditor has applied to the court for a Writ of Control first. This gives them the right to visit your home and remove your belongings.
If you’re worried about a High Court enforcement group visiting you, it’s important to reach out for free debt advice as soon as possible. By familiarising yourself with what bailiffs can and can’t do, you can be better prepared for enforcement action when it happens and avoid any unexpected surprises.
