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High Court Enforcement Officers
Please make sure you read this in conjunction with the thread on County Court Bailiffs. If there is anything not covered, please ask on the forum.
Who Are They and What Do They Do?
High Court Enforcement Officers (HCEO’s) enforce High Court Orders and County Court Orders which have been transferred to the High Court – CCJ’s over £600 can be transferred to the High Court; CCJ’s over £5000 must be dealt with by the High Court. I am going to refer to HCEO’s as bailiffs, though strictly this is not their correct name.
A HCEO will call after a Writ of Execution known commonly as a Writ of FiFa has been issued, and a HCEO has been asked to recover monies owing under the writ. Unlike most other bailiffs, HCEO’s will not give any warning of a visit.
Although the HCEO receives the writ from the claimant, s/he is acting under the instructions of the court. They should behave at all times in line with ‘The National Standards for Enforcement Agents’ – these are particularly important if you are vulnerable – if you are a single female, suffer mental illness, are pregnant, elderly etc… Page 9 of the link above lists those who may be potentially vulnerable.
What Does the High Court Writ Do?
The Writ of FiFa (Fieri Facias) enables the HCEO to execute the write by either collecting the monies owed, or taking (‘impounding’) sufficient goods to be sold at auction to raise what is owed. Usually they will levy distress in the same way as other bailiffs.
Do I Have To Let Them In?
No. However, a HCEO is allowed to force entry to any building not physically attached to your property – a detached garage, garden sheds, outbuildings etc… As with all other bailiffs, you should not let them into your house.
How Do I Stop Them?
This is one of the most important questions people will want answered. To stop them if the debt is from a CCJ, and you are trying to get the judgment set aside, you MUST in the interim period apply for a Stay of Execution using Form N244. If you are on a low income or benefits then Form Ex160 for fee remission (with proof to income) should accompany the N244. Until such time as that is in place, the bailiff / HCEO are within their rights to proceed to execute any Judgment / Writ of Fi'Fa'.
It is highly recommended the N244 be taken to the local County Court in person. Tell the Court staff the matter is of urgency as quite often they will seek a 'spare' Judge who can make the order on the spot, after which you will need to advise the bailiff the order has been made. Usually the Court will advise them the order is in place, but it is always better to make sure they definitely receive this information.
If you are finding the fine excessive and need to be able to pay in more affordable instalments, you can apply using Form N245 for a Variation of Judgment.
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The Law
Law relating to HCEO’s is covered in two pieces of legislation;
The High Court Enforcement Officers Regulations 2004
and
The High Court Enforcement Officers (Amendment) Regulations 2004
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Fees
SCHEDULE 3 FEES CHARGEABLE BY ENFORCEMENT OFFICERS
The fees chargeable by enforcement officers on execution of writs are as follows. Value Added Tax, if payable, may be added to the fees specified.
A. Fees chargeable on execution of writs of fieri facias
1. Percentage of amount recovered
For executing a writ of fieri facias, the following percentages of the amount recovered:
(a) on the first £100 = 5 per cent
(b) above £100 = 2.5 per cent
2. Mileage
Mileage from the enforcement officer’s business address to the place of execution and return, in respect of one journey to seize goods and, if appropriate, one journey to remove the goods:
29.2 pence per mile, up to a maximum of £50.00 in total
3. Seizure of goods
For each building or place at which goods are seized = £2.00
4. Making enquiries or dealing with claims for rent or to the goods
(1) For making enquiries as to claims for rent or to goods, including giving notice to parties of any such claims
a sum not exceeding £2.00
(2) For all expenses actually and reasonably incurred in relation to such work including any postage, telephone, fax and e-mail charges
a further sum not exceeding £2.00
5. Taking possession, removal and storage of goods
(1) Where a person is left in physical possession of goods seized
£3.00 per person per day
(2) Where an enforcement officer takes walking possession under a walking possession agreement in the form set out in Schedule 4 to these Regulations = £0.25 per day
(Fees 5(1) and 5(2) are payable in respect of the day on which execution is levied, but fee 5(1) may not be charged where a walking possession agreement is signed at the time of levy. Fees 5(1) and 5(2) may not be charged after the goods have been removed.)
(3) For:
(a) the removal of goods;
(b) the storage of goods which have been removed; and
(c) where animals have been seized, their upkeep while in the custody of the enforcement officer, whether before or after removal
the sums actually and reasonably paid
6. Sale of goods by auction
(1) To cover the auctioneer’s commission and expenses, where goods are sold by auction or work has been done with a view to sale by auction:
(a) when goods are sold by auction on the auctioneer’s premises, the following percentages of the sum realised:
(i) on the first £100 = 15 per cent
(ii) on the next £900 = 12.5 per cent
(iii) above £1,000 = 10 per cent
(b) when goods are sold by auction on the debtor’s premises, 7.5 per cent of the sum realised plus expenses actually and reasonably incurred.
(2) When no sale takes place either by auction or private contract, but work has been done by the auctioneer or enforcement officer in preparing for a sale by auction, including the preparation of a detailed inventory of the goods seized:
(a) if the goods have been removed to the auctioneer’s premises = 10 per cent of the value of the goods
(b) if the goods have not been removed from the debtor’s premises = 5 per cent of the value of the goods plus expenses actually and reasonably incurred.
7. Sale of goods by private contract
Where an enforcement officer sells goods by private contract:
(a) the following percentages of the proceeds of sale:
(i) on the first £100 = 7.5 per cent
(ii) on the next £900 = 6.25 per cent
(iii) above £1,000 = 5 per cent; and
(b) when work has been done in preparing for a sale by auction, including the preparation of a detailed inventory of the goods seized, an additional sum not exceeding 2.5 per cent of the value of the goods plus expenses actually and reasonably incurred.
B. Fees chargeable on executing writs of possession or delivery
8. Mileage
Mileage from the enforcement officer’s business address to the place of execution and return, in respect of one journey = 29.2 pence per mile, up to a maximum of £25.00 in total
9. Writs of possession
(1) Where an enforcement officer executes a writ of possession of domestic property within the meaning of section 66 of the Local Government Finance Act 1988(1), 3 per cent of the net annual value for rating shown in the valuation list in force immediately before 1st April 1990 in respect of the property seized, subject to paragraph (3).
(2) Where an enforcement officer executes a writ of possession to which paragraph (1) does not apply, 0.4 per cent of the net annual value for rating of the property seized, subject to paragraph (4).
(3) For the purposes of paragraph (1), where the property does not consist of one or more hereditament which, immediately before 1st April 1990:
(a) had a separate net annual value for rating shown on the valuation list then in force; and
(b) was domestic property within the meaning of section 66 of the Local Government Finance Act 1988, the property or such part of it as does not so consist shall be taken to have had such a value for rating equal to two-fifteenths of its value by the year when seized.
(4) For the purposes of paragraph (2), where the property does not consist of one or more hereditaments having a separate net annual value for rating, the property or such part of it as does not so consist shall be taken to have such a value equal to its value by the year when seized.
10. Writs of delivery
For executing a writ of delivery, 4 per cent of the value of the goods as stated in the writ or judgment.
C. General fees
11. Copies of returns
For a copy of any return indorsed by the enforcement officer on a writ of execution = £5.00
12. Miscellaneous
For any matter not otherwise provided for, such sum as a Master, district judge or costs judge may allow upon application.
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Complaints
There is a clear complaints procedure set out for HCEO’s. The most common complaint is about fees. Recently people are finding themselves subject to much higher fees than they would have faced if the county court had enforced the judgment.
Common issues regarding fees include ‘Multiple Fees’ – basically this is adding fees for work which has not actually been done and is illegal. If you are charged for an inventory. A valuation or a possession agreement, ask to see a copy (you should already have been given one anyway!)
‘Fee 12’ – this allows for ‘miscellaneous expenses’ to be recovered from the debtor. It appears from the fee scale that a specific court order may be required before any such charge may be passed on, though few firms do this. The difficulty in challenging these substantial fees is they have to take place in the High Court.
Some sites advise that complaints can be made using the county court system. This is not true.
