Bailiff powers after county court judgment

This is a question that comes up frequently and understandably causes a great deal of anxiety. The legal position depends on the type of enforcement being used, but I will focus on the most common route, which is a warrant of control (issued by the county court) or a writ of control (issued by the High Court after transfer up).

The enforcement agents, commonly called bailiffs, who execute these warrants are governed by the Taking Control of Goods Regulations 2013, made under the Tribunals, Courts and Enforcement Act 2007, specifically Schedule 12.

What they can take:

Enforcement agents can take control of goods that belong to the judgment debtor. This means goods owned by the person who owes the debt. They can seize items such as vehicles, electronics, jewellery, antiques, art, and other items of value that belong to the debtor.

What they cannot take:

There is a list of exempt goods set out in Regulation 4 of the Taking Control of Goods Regulations 2013. These include:

1. Items or equipment necessary for use personally by the debtor in their employment, business, trade, profession, study, or education, up to a total value of £1,350.

2. Clothing, bedding, furniture, household equipment, and provisions as are reasonably required to satisfy the basic domestic needs of the debtor and every member of the debtor's household. This is sometimes called the "basic domestic needs" exemption. It means they cannot strip a home bare. They should leave beds, a cooker, a fridge, a washing machine, basic seating, and similar essentials.

3. Items belonging to third parties. If goods belong to someone else, for example a partner, lodger, or a hire purchase company, those goods should not be taken. The third party can make a claim using the third party goods procedure.

Important practical points:

Entry to your home: For a county court warrant of control, enforcement agents can only enter your home peacefully. They cannot force entry on the first visit. They can enter through an open door or an unlocked door, but they cannot break in. If they have previously gained peaceful entry and entered into a controlled goods agreement, they may be able to force entry on a subsequent visit, but this is unusual in practice for county court warrants.

For High Court writs of control, the rules on entry are the same on the first visit, but High Court enforcement officers tend to be more assertive and the debts tend to be larger.

Controlled goods agreements: Often, rather than physically removing goods on the spot, the enforcement agent will ask the debtor to sign a controlled goods agreement. This is essentially an agreement that the goods remain in the debtor's possession but are under the control of the enforcement agent. If the debt is not then paid or an arrangement made, the agent can return and remove the goods. It is important to understand that once a controlled goods agreement is signed, disposing of, damaging, or removing the listed goods is a criminal offence under paragraph 68 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

Vehicles: Vehicles are a common target because they tend to have identifiable value. An enforcement agent can clamp or remove a vehicle found on the highway or on the debtor's land. They can do this even without entering the debtor's home. If the vehicle is on finance or belongs to someone else, you would need to provide evidence of this promptly.

Fees: Enforcement agents are entitled to charge fees at each stage of enforcement, set out in the Taking Control of Goods (Fees) Regulations 2014. These fees are added to the debt and can increase the total owed significantly, so early engagement is usually wise.

Practical options if you are facing enforcement:

1. Pay the debt or negotiate a payment arrangement directly with the enforcement agent or the creditor before goods are removed.

2. Apply to the court for a variation of the judgment, for example to pay by instalments, which can suspend the warrant. This is done on Form N245.

3. If there are grounds, apply to set aside the county court judgment, for example if you were not properly served with the claim or have a defence on the merits. This is done on Form N244.

4. If the enforcement agent has acted unlawfully, for example by forcing entry when they had no right to do so or seizing exempt goods, you can make a complaint to the enforcement agent's firm, then to a relevant professional body or certification body, and potentially bring a claim for damages or apply under the procedure in Schedule 12 for wrongful enforcement.

5. If you are in serious financial difficulty, consider seeking debt advice from a free service such as StepChange, Citizens Advice, or National Debtline, as a debt relief order, administration order, or bankruptcy might be more appropriate depending on your overall financial position.

If you can give me more detail about your particular situation, I can tailor the advice further.