What can a High Court Enforcement Office do with a writ of control?

If your creditor (the person or company to whom money is owed) has a County Court Judgment (CCJ) against you, in certain cases they can use a High Court Enforcement Officer (HCEO) to recover the debt you owe.

They HCEO is better known as and commonly referred to as ‘bailiffs’. The starting point for a HCEO is to attend you property and if you do not make arrangement to pay the debt owed then they have the power to remove the goods from your property to sell at an auction venue.

The creditor can use HCEOs where your debt is over £600, your debt is not regulated by the Consumer Credit Act and you have a CCJ against you and you have failed to comply with the judgment to make the requested payment.

The creditor will apply for a writ of control, which allows the HCEO to visit your property to recover the outstanding payment and in the event they are unable to recover a payment from you, they will take your goods. If you are self–employed then the HCEO may visit your business premises.

The HCEO will send you a notice of enforcement informing you that they will be visiting your property. They will usually send this in the form of a letter, addressed it to the debtor. The HCEO must give you at the least seven days notice before they attend your property for the first time.

On the first visit, the HCEO will usually ask you to pay the outstanding debt in full. If you are unable to pay the outstanding debt in full, the HCEO will search for items that can be taken into their possession until the outstanding debt is settled completely.

If the HCEO discover a large item such as car, which they can sell and recover the the debt imminently, they will take such an items immediately if they feel that you may remove or sell the controlled goods before you have paid the debt off. In certain circumstances, they can stop you from driving your car by placing a clamp on your vehicle.

The HCEO will make a list of items that they intend to remove and sell if the outstanding debt is not paid. Often the HCEO will let you retain the goods and come to a payment arrangement plan to pay the debt in instalments. In the event, that you do not make an installment payment as per the agreement, the HCEO will return and remove the goods to sell at an auction, this agreement is known as controlled goods agreement.

Have you been visited by a HCEO officer? or have you received a letter informing you that they will be attending your property? We understand that the HCEO will act promptly and can in fact intimidate you and your family. Please contact Nayyars Solicitors today without a delay.

Fahad Tanveer

Solicitor