If you’ve been awarded a money judgment in the UK courts, you might be wondering how you can actually enforce it and recover the debt you’re owed. One powerful tool at your disposal is the Writ of Control, which can be used to enforce judgments for debts of £600 or more. But what exactly is a Writ of Control, and how does it work? In this post, we’ll explain everything you need to know about this legal enforcement tool and the powers it confers, helping you better understand your options for recovering your money.
What is a Writ of Control?
A Writ of Control is a legal document issued by the High Court that allows High Court Enforcement Officers (HCEOs) to seize assets from a debtor to satisfy a judgment debt. If a creditor has obtained a judgment in the County Court, it can be transferred to the High Court for enforcement via a Writ of Control.
The key condition for using a Writ of Control is that the judgment debt must be for £600 or more and not related to a consumer credit regulated debt. So, if you’ve been awarded a County Court Judgment (CCJ) for a sum greater than £600 and the debtor hasn’t paid up, a Writ of Control is a powerful option to consider.
When to Use a Writ of Control?
A Writ of Control is typically used to enforce County Court Judgments (CCJs). However, it’s not applicable to every type of debt. Debts that are less than £600 or regulated under consumer credit laws must be enforced by County Court Bailiffs (CCBs). If the judgment is for more than £5,000, it may only be enforced under a Writ of Control by an HCEO.
This means that if you’re dealing with a judgment for between £600 and £5,000, you have the choice of using either County Court bailiffs or High Court enforcement. Most creditors opt for the High Court route because it offers faster and more efficient recovery.
Powers Conferred by a Writ of Control
Once the High Court Writ of Control is issued, it gives HCEOs significant powers to recover the debt. Here’s what you need to know about their authority and what they can do:
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Enforcement Hours |
The HCEOs can enforce the writ on any day of the week, excluding Bank Holidays and Christmas Day, and only between 6am and 9pm. However, if the debtor is a business that operates outside these hours (such as a nightclub), the HCEOs are allowed to attend the premises during those business hours.
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Taking Control of Goods |
The core power conferred by the Writ of Control is the ability to seize goods belonging to the debtor. This includes assets like vehicles, office equipment, or other valuable items. The goods are then “taken under control,” meaning they are now under the authority of the court and may not be sold or disposed of by the debtor.
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Selling Seized Goods |
If the debtor still refuses to pay after their goods have been taken under control, the enforcement officers have the authority to sell the assets at auction. The proceeds from the sale will be used to satisfy the debt, along with any court fees and enforcement costs.
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Penalties for Obstruction |
It’s important to note that obstructing an enforcement officer or tampering with goods that have been taken under control can result in serious penalties. Debtors who intentionally interfere with the process may face up to 51 weeks in prison, a fine of up to £2,500, or both.
Exempt Goods: What Can’t Be Seized?
Although HCEOs have broad powers to take control of a debtor’s assets, there are certain types of goods that are exempt from seizure. These include:
- Bedding, clothing, furniture, and provisions necessary for the debtor and their family to maintain a basic standard of living.
- Perishable goods, such as food.
- Items needed to care for children or vulnerable individuals, including those under 18, disabled persons, or the elderly.
- Assistance animals, including guide dogs and domestic pets.
- Vehicles displaying a valid disabled person’s badge or being used for emergency services or health purposes.
These exemptions help ensure that debt enforcement doesn’t place undue hardship on vulnerable individuals or impede their ability to live and work.
Entry into Premises: What Are the Rules?
High Court Enforcement Officers have specific rules about how they can enter a debtor’s property to take control of goods. They are not allowed to force entry into a residential property, except in cases where a Controlled Goods Agreement has been signed and the debtor has defaulted on the payment arrangement. If entry is required into commercial premises, however, forcible entry may be possible with the court’s approval.
Typically, entry must be gained through a normal means, such as an unlocked door or loading bay. HCEOs are also permitted to use the door handle to open a closed but unlocked door.
Controlled Goods Agreement | An Opportunity for Payment
When HCEOs take control of a debtor’s goods, the debtor may be offered the chance to enter into a Controlled Goods Agreement. This agreement allows the debtor to keep their goods on the condition that they make regular payments towards the debt.
If the debtor complies with the payment schedule outlined in the Controlled Goods Agreement, the goods will be returned to their control once the debt is paid in full. However, if the debtor defaults on the agreement, the writ remains valid for an additional 12 months, and the HCEOs can return to seize the goods and sell them to recover the outstanding amount.
What Happens If the Debt Isn’t Paid?
If the debtor does not pay or agree to a Controlled Goods Agreement, the HCEOs will proceed to remove the goods under control and arrange for them to be sold at auction.
The writ remains valid for 12 months, but if a debtor defaults on a payment agreement, the writ automatically becomes valid for an additional 12 months. Furthermore, a creditor can apply for an extension if necessary, but they must demonstrate why the goods couldn’t be taken under control during the original period.
Benefits of Using a Writ of Control
There are several advantages to using a Writ of Control to enforce a judgment, particularly when compared to other enforcement methods:
- Speed and Efficiency | High Court Enforcement Officers generally act faster and more decisively than County Court bailiffs, meaning you’re more likely to recover your debt sooner.
- Authority and Reach | HCEOs have broader powers when it comes to seizing assets, especially in business-related cases where valuable equipment, vehicles, or stock may be available for seizure.
- Cost-Effective | While there are fees involved in applying for a writ, these costs can often be added to the debt and recovered from the debtor, making it a more cost-efficient option for creditors.
How Shergroup Can Help
At Shergroup, we specialise in assisting clients with debt recovery using High Court Writs of Control. If you have a County Court Judgment (CCJ) for £600 or more and the debtor hasn’t paid, we can help you transfer the judgment to the High Court and enforce it swiftly and effectively.
Our experienced team of enforcement officers can guide you through every step of the process, ensuring that your judgment is enforced as quickly as possible. Don’t let unpaid debts disrupt your business or personal finances—get in touch with Shergroup today to explore your options for enforcement.
Call to Action
For expert advice and assistance in enforcing your judgment, contact Shergroup today. We offer a complete range of enforcement services, including Writs of Control, to help you recover the money you’re owed. Visit www.shergroup.com or call us on 020 3588 4240 for more information.
Disclaimer: The information provided in this blog post is intended for general informational purposes only and does not constitute legal advice. For advice on your specific circumstances, please consult a qualified legal professional.
By understanding the process and power of a Writ of Control, you’ll be better equipped to recover outstanding debts. At Shergroup, we’re here to support you in every step of the journey, ensuring your judgment is enforced efficiently and effectively.
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