County Court Bailiffs enforce County Court orders. The successful claims where recovering outstanding money owed (up to £5000) is usually undertaken via a Country Court Judgment (CCJ). The County Court Bailiff’s authority to act comes from the warrant.
What Can A County Court Bailiff Do?
UK Debt Collect Ltd can assign County Court Bailiffs to enforce and obtain payment. If no agreement is made, the Bailiff can have the listed goods removed and sold later at auction. Usually, auction prices are significantly lower than retail values, so more goods will be needed to pay the debt this way.
Warrant of Execution
The Warrant of Execution authorises the Bailiff/Sheriff to recover money owed under the Order & associated costs. Including orders made at tribunals that have been transferred to the county court for enforcement.
What Goods Can a Bailiff Take?
The High Court Enforcement Officer can only take goods that belong to the debtor. Where the ownership of goods is disputed and a 3rd party claim made, the Claimant may dispute the claim. In these cases the claim will be dealt with under the CPR 85.4 Making a claim to controlled goods to establish whether the 3rd party claim is valid.
What Can't a Bailiff Take?
a HCEO cannot take items which are exempt goods, which include those items which are necessary to satisfy the basic needs of the debtor or their family (white goods, beds, childrens belongings) or tools of trade. They also cannot remove items which are leased, rented or on hire purchase agreements or goods which may have already been taken into control by another type of enforcement agent.
Can a HCEO Force Entry?
High Court Enforcement Officers can only enter the Defendant's home if they are permitted entry by the person home. If there is nobody there, the High Court Enforcement Officer can enter if a door is left unlocked that is already open. High Court Enforcement Officers may be able to break into business premises if there is no living accommodation attached and they have reason to believe the debtor's goods are inside.
What if a Debtor Makes an Offer to Pay?
It is likely for a debtor to claim that they cannot settle in full; however, the writ of control directs the HCEO to enforce the writ by taking control and remove sale. The High Court Enforcement Officer will generally forward proposals received for instructions and it is for the claimant to accept or reject any requests for time to pay as no obligation exists, unless the request is clearly unreasonable.
Writ of Control
The High Court Enforcement Officer named in the Writ will begin work on your behalf. You should ask the High Court Enforcement Officer you have instructed on how long they intend to take to attend the address and report back to you.
How Much Can a Writ be issued for?
Any County Court judgment over £600, provided it is not regulated under the Consumer Credit Act 1974 (these agreements can only be enforced in the County Court by their own bailiffs);