A Bailiff (high court Enforcement officer )is a bailiff authorized by the  High Court of England and Wales responsible for enforcing Orders of the High Court, often by seizing goods or repossessing property. This form of Bailiff used to be known as High Court Sheriffs and Sheriff Officers recent change and update on enforcement legislation remains the Bailiffs.

Bailiffs Writ of Control

Bailiffs (HCEO) are responsible for the enforcement of the Writs of Execution issued out of the High Court. The most popular of which being the “Writ of Control” formerly known as “Writ of Fieri Facias” or “Writ of Fi Fa”. This is a writ issued for the recovery of money owed and provides for the seizure and sale of the judgment debtor’s goods.

A Bailiff will obtain a High Court Writs

A Writ of Control will be obtained on your behalf from the High Court the writ will be issued in the name of the Bailiff and it is their responsibility to carry out the enforcement lawfully within the legislation and in the name of the High Court only an order of the court will stop the enforcement, Police, solicitors, "Citizen Advise" can not cancel the writ obtained by your Bailiff and issued by the High Court on behalf of you the creditor to recover the money owed. A Writ of Control allows Bailiffs to attend the debtor's place of trade or residential property to use the writ of control on the debtor's property (assets ) with a view of removing them to sell at auction to obtain liquid funds to pay to you the creditor and honor the court order.

What do Bailiffs:

Your Bailiff (or HCEO) will use the Writ of Control to give consent for a Bailiffs to attend the debtor's place of trade or residential property to claim ownership in your name over property (assets ) belonging to the debtor with a view of removing them to sell at auction to obtain liquid funds to pay to you (the creditor) and honor the court order.

 

What Goods Can a Bailiff Take?

The Bailiff (HCEO ) can remove goods that belong to the debtor with a view of selling them at at auction if the debtor refuses to enter negotiations with the Bailiff and assets are located the Bailiff will arrange for transportation to arrive to remove goods into removal vehicles for auction.  

What Can't a Bailiff Take?

a Bailiff 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 any goods that constitute ‘tools of the trade’ which are for the personal use of the Defendant in their trade or profession that have a maximum of up to £1,350), e.g. Tools, books, vehicles and other items of equipment. Bailiffs 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 Bailiff.

 

Can a Bailiff Force Entry?

Bailiffs can only enter the Defendant's home if they are permitted entry by the person home. If there is nobody there, the Bailiff can enter if a door is left unlocked that is already open. Bailiffs may be able to break into business premises if there is no living accommodation attached and they have reason to believe the debtor's assets are inside.

 

What if a Debtor Offer to Pay the Bailiff?

It is likely for a debtor to claim and advise the Bailiff that they cannot settle in full; however, the writ of control directs the Bailiff to enforce the writ by taking control and/or remove for sale. The Bailiff 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 regarding acceptance. The Bailiff job is to take full payment or remove goods/assets to the value of the debt as sold at auction prices.

 

Bailiffs will obtain a Writ for debts of £500 or more

Our Bailiffs will obtain a writ of control based on a court order of £500 or more, providing it is not regulated under the Consumer Credit Act 1974 (these agreements can only be enforced in the County Court by their own county court bailiffs)