If you have a County Court Judgment (CCJ) for an unpaid debt but fail to make payments as ordered by the court, your creditor (the individual or company you owe money to) might apply for a warrant of control to enforce the CCJ.
It authorises bailiffs to visit you to collect full payment of the money owed or, if you can’t pay, seize your possessions. The items seized will then be sold at auction to raise enough money to cover the debt.
What is a warrant of control?
A warrant of control is a legal document that gives bailiffs (officially called enforcement agents or enforcement officers) permission to visit your home to collect payment of a debt or seize goods worth up to the amount owed. It can only be granted by a county court.
In order for a warrant of control to be issued, you must have failed to pay the amount you were originally ordered to pay towards the CCJ by at least one monthly payment or four weekly payments. They can also be issued if a CCJ was made forthwith (to be paid in full) and you missed the deadline.
It can also only be used for debts regulated by the Consumer Credit Act (1974) and unregulated debts worth less than £5,000. It can’t be used for debts of less than £50, regardless of whether they’re regulated or unregulated.
How does a warrant of control work?
There are several steps that must be followed before you can be legally served with a warrant of control. We’ve outlined the process here:
1. Non-payment of CCJ
Before your creditor can apply for a warrant of control, you must already have a CCJ. This is a type of court order that can be issued against you if you fail to make repayments towards a debt and your creditor has sought legal action to force you to pay.
CCJs are often among the first things a creditor will do to get you to repay a debt.
If you’ve been issued with a CCJ and you admit to owing the money, paying it in full or setting up a repayment plan can help you settle your debts, preventing enforcement action from being brought against you.
2. Enforcement notice
Once your creditor applies for a warrant of control, you’ll be sent an enforcement notice in the post. This is a formal document warning you that enforcement action will commence soon.
The enforcement notice will give you seven clear days (excluding Sundays and bank holidays) to make up for missed payments and settle your debt before bailiffs visit you at your home (or your business premises if you’re self-employed).
There is a fee required to apply for a warrant of control (currently £77), which is added to your outstanding debt.
3. Bailiff action
If seven days have passed since you’ve received an enforcement notice and the debt still hasn’t been paid, enforcement action will commence.
When bailiffs visit you, they will ask you to pay the debt in full. If you’re not in a position to do so, they might agree to set up a controlled goods agreement where you keep your belongings in exchange for making regular payments towards your outstanding balance.
If you’re unavailable when bailiffs visit in person, they might agree to a virtual controlled goods agreement.
Unlike debt collectors – who have no legal power to recover payment and can only ask you to pay – county court bailiffs work under the authority of the court and have extensive legal powers to get you to repay what you owe.
What rules should bailiffs follow when they visit me?
There are strict rules bailiffs must follow when they visit you to recover payment of a debt.
Except for certain circumstances, bailiffs cannot enter your home with force, enter through anything other than a door, visit if only children or vulnerable people are home, or visit between the hours of 9pm and 6am.
The only situations where bailiffs are allowed to force entry into your home are if they are collecting unpaid criminal fines or money owed to HMRC (e.g. income tax) or if you have broken your controlled goods agreement. Even then, it usually only happens as a last resort.
If bailiffs force entry into your home when they shouldn’t, you should complain to the company they work for as soon as possible.
It’s important to note that you legally don’t have to let a bailiff into your home when they first visit you unless they have a warrant allowing them to do so. Instead, you can talk to them through an unlocked door, letterbox, window, or even over the phone if you prefer.
There are also extra rules bailiffs must follow if you belong to a vulnerable group (e.g. you’re disabled, pregnant, mentally ill, or a single parent). For example, they must never enter your home when you’re alone or take or threaten to take any items you need for health reasons.
They must also agree, if you ask, to give you more time before they visit and take any necessary steps to help you understand them when they communicate with you (e.g. if you’re partially sighted and require all letters to be in large print).
“No fuss, just simple, honest advice. Communication is good and they make the process as easy as they can.”
What items can bailiffs take from my home?
When bailiffs visit you, they can only seize goods that you legally own. This means they can’t take items belonging to a third party (e.g. hire purchase items that haven’t been fuly repaid) or belongings owned outright by someone else living at the property.
Most bailiffs target high-value items likely to fetch a good price at auction. They can also only take items they have clear access to and can physically remove, meaning they can’t seize goods they can only see through a window or letterbox.
Some of the items bailiffs are allowed to take include:
- Vehicles
- Jewellery
- Furniture
- Electricals (e.g. game consoles, computers, and televisions)
However, bailiffs aren’t allowed to take any items you need to maintain a reasonable standard of living. This includes:
- Appliances (e.g. fridge, cooker, microwave, washing machine)
- Medical or care equipment
- Equipment needed for work or study (up to a total value of £1,350)
- Pets or assistance animals
- Landlines or mobile phones
- Tables or chairs if it would leave anyone in your household short
If a bailiff takes any of these items or an item included in a controlled goods agreement, you can complain by showing them evidence that proves they shouldn’t have taken it.
Can enforcement agents enter my home if I’m not there?
It’s normal to worry about the possibility of bailiffs entering your property and seizing goods when you’re not there. However, bailiffs can only enter your home if there’s nobody there in certain situations and even then, it’s rare.
Generally, an enforcement agent can only enter when you’re not there if you make it easy for them by leaving a door open or leaving a key in an unlocked door. They can’t climb through a window, put their hand in a letterbox and attempt to unlock a door from the outside, or try to gain access by asking your landlord for a spare key.
If you’re worried about bailiffs visiting your home when you’re not there, you and anyone else you live with must ensure all doors and windows are firmly closed and locked every time you leave.
It might also be a good idea to park your car away from your home as this can deter bailiffs from linking it to your address and seizing it.
Can I make an offer of payment before a bailiff visits me?
If you receive an enforcement notice and can afford to repay a portion of the debt, you should make an offer of payment to prevent bailiffs from visiting you and seizing your possessions.
Even if you can’t afford to settle the debt in full, a bailiff may agree to stop enforcement action if you enter into a repayment plan to pay what you owe in regular instalments.
When making an offer of payment, you must ensure it’s reasonable and within the limits of what you can comfortably afford. It can be tempting to make an unrealistic offer just to get the bailiff to stop enforcement action, but this will only lead to further problems if you can’t pay what you agreed.
Remember, you’ll be given seven days to pay the debt after receiving an enforcement notice. If you settle the debt within this time, your case will be closed and no enforcement action will commence.
Debt help tailored to you
From writing off a large portion of your debt, to readjusting your budget, we’ll find a solution that suits you.
Can I stop a warrant of control?
It might be possible to stop a warrant of control and prevent bailiffs from visiting you by completing and returning an application form (N245) to the court. The form can be downloaded from the GOV.UK website or collected from your local county court hearing centre and essentially asks the court to suspend or vary payments made by a previous court order.
When you complete the form, you must include details of your financial situation, including your income, expenses, and proposed repayment plan. There will be a court fee required to submit the form (currently £15), but this can be waived if you’re on a low income.
The court is legally required to set a hearing to discuss your case after you submit an N245 form, but bailiff action will continue until a final decision is made.
Conclusion
Receiving a Warrant of Control can be daunting and it’s normal to fear the worst, but understanding how the process works can help put your mind at ease and know what to do next.
If you’ve been served with an enforcement notice, the key is to act promptly. Burying your head in the sand and hoping it goes away never works and will only lead to unnecessary financial stress and, in some cases, extra fees.
Remember, if you’re struggling with unaffordable debt and don’t know where to turn, don’t hesitate to seek professional help. Everyone’s financial situation is unique but a debt expert can review your individual circumstances and provide tailored advice based on your specific money worries and financial goals.
