High Court Enforcement Officers (HCEOs) have the authority to enforce orders for payment made by the court. This can include county court judgments (CCJs) that have been transferred to the High Court because they have not been paid.
If an individual or business is ordered to make a payment or repay debt and fails to do so, an HCEO can be instructed by the creditor to take assets which will be sold to cover the amount owed.
What Is A High Court Enforcement Officer?
An HCEO is an agent authorised by the Ministry of Justice to take action to enforce orders made in the High Court as well as county court orders where the High Court is dealing with enforcement of debt of £600 or more
What Jurisdiction Does A High Court Enforcement Officer Have?
HCEOs can gain entry to the property and seize goods that will be auctioned to pay money as ordered by the court. They are authorised by a Writ of Control issued by the court to enable recovery to take place. The writ is applied for by the creditor and once it has been issued, the debtor will receive a letter giving at least seven days’ notice that an HCEO will be attending their property.
When Is A High Court Enforcement Officer Called In?
An HCEO is called in when a debtor fails to pay the sum of money they have been ordered by the court to pay. If the judgment was made in the High Court, a Writ of Control can be requested straightaway, unless the debtor has applied for a stay of execution.
If the judgment was made in the county court, the debt has not been cleared and £600 or more is owed, the creditor can ask for the case to be transferred to the High Court for enforcement. It is then open to the High Court to issue a Writ of Control.
At Witan Solicitors, we deal with debt recovery for clients across a range of sectors. For more information about our services, see Debt Recovery Solicitors and Recovering Debt.
High Court Enforcement Officer Rights Of Entry
An HCEO cannot force entry to a residential property on their first visit unless they have previously been allowed access. They do have a right of access, meaning they are within their rights to go into a property and inventory assets.
Entry to residential property can be forced if all of the following apply:
- The HCEO has taken control of the assets by securing them at the premises or because a controlled goods agreement has been entered into
- A controlled goods agreement has been breached
- The debtor has been given two days’ notice that the HCEO will be attending
Entry can also be forced into business premises.
High Court Enforcement Officer Rights To Recover Property
HCEOs who have used a Writ of Control to obtain property have the right to sell or auction the assets that have been recovered to raise money to pay the debt and the costs of enforcing it. Each stage of enforcement has an associated charge.
Officers can recover a wide variety of assets, including:
- Cars and boats
- Furniture
- Valuable or collectable items such as art and jewellery
- Cash
- Bonds and shares
- Stock and machinery
- Guns
They also have the power to seize goods the police hold, jointly owned assets and assets that are partly owned by a credit company.
Items that cannot be seized include:
- Tools that an individual needs to do their job
- Household goods such as clothes and bedding as well as a basic level of furniture
- Perishable goods
Contact Our Civil Litigation Solicitors
If you wish to enforce a debt or you are concerned because you have been contacted by an HCEO, our expert debt solicitors can advise you of your options.
Email us at info@witansolicitors.co.uk or fill in our contact form and we will be happy to help you. We have offices in Birmingham and Northampton.
FAQ
Can High Court Bailiffs force entry to my property?
High Court Enforcement Officers are used rather than bailiffs to recover debts under High Court orders. They can force entry to a property in certain circumstances and they can also recover assets outside of the property, such as cars and boats.
If a High Court Enforcement Officer contacts me, what should I do?
To avoid having goods seized, it is advisable to consider whether and how you can afford to pay. If you can pay in full before any further action is taken, this will stop more costs from being added to your debt.
If you can pay in instalments, you should write to the HCEO and let them know how much you can pay and the frequency of the payments. A copy of your letter should also be sent to the creditor. You can send them an income and expenditure account, showing how much money you have available, as this will enable them to see how much you can realistically pay.
If your offer of payment by instalments is not accepted and you cannot increase the amount, you can apply to the court for a stay of execution. You will need to send details of your income and expenditure and of any reason why you cannot pay, such as a debt and mental health evidence form so that the court understands why you are asking for a stay of execution.
What fees can High Court Enforcement Officers charge?
The HCEO’s fees will be added to your debt. These are set fees, as follows:
Sending notice of enforcement letter: £75
HCEO first visit: £190 plus 7.5% of the debt over £1,000
Fee for not making an arrangement to pay or not adhering to the terms of an arrangement to pay: £495
Fee for HCEO visit to seize goods: £525 plus 7.5% of the debt value over £1,000
Other expenses can also be added, such as hiring a locksmith to access and secure the property, the cost of storing goods and auction fees.
If the creditor is registered for VAT, this will be added to the charges.
How can I stop High Court Enforcement Officers?
The best way to prevent an HCEO from seizing your assets is to come to an arrangement over payment of the debt. They are not easily deterred, so it is always recommended that you deal with them as early on in the process as possible, before costs escalate.
What is the difference between High Court Enforcement Officers and bailiffs?
County court bailiffs are employed by the court, while HCEOs work for private businesses under the authorisation of the Ministry of Justice.
