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County Court Bailiffs
Please read this in conjunction with the thread on High Court Enforcement Officers, as any County Court Judgment (CCJ) over £600 can be, and frequently are transferred to the High Court for enforcement.
County court bailiffs are civil employed by the HM Courts and Tribunals Service and are responsible to the district judge of the local county court. They enforce court orders for monies, possession of property or goods subject to hire purchase agreements. They can also execute arrest warrants for contempt of court.
They are able to levy up to the value of £5000, but only after a ‘county court warrant of execution’ has been obtained – these cost £100.00.
Once the warrant has been issued, you should receive a letter informing you of this and giving you seven days to pay in full, though you should be able to negotiate repayment by instalments. The bailiff does not always have to give this notice though (-eg- if they think the debtor may dispose of the goods during the seven day period).
Can the Order to Levy Be Suspended?
Yes. It can be suspended any time after the issue of the warrant of execution. The application to suspend a warrant of execution needs to be made on County Court Form N245, submitted along with the appropriate fee. This leaflet explains whether you need to pay the court fees.
About Goods to be Removed / Levied
Goods can be taken from anywhere the bailiff believes they may be. This includes your place of work, a friend or relative’s house or the usual places, such as a car parked in the street, or goods in your own house. The normal range of goods can be levied, including goods which are jointly owned or goods which were owned by you when the warrant of execution was granted. The main exceptions are goods necessary to satisfy basic domestic needs, and tools, books and vehicles essential for your work.
Can A County Court Bailiff Force Entry?
No. As long as the bailiff has not been granted peaceful entry first and levied on goods, they have no right to force entry. However, with the court’s permission, they can force entry to a business premises with no living accommodation attached.
The bailiff will usually attempt to levy three times before returning the warrant to the court. The creditor is told, and they may then try other enforcement methods.
Fees and Charges
If the sum to be recovered is £125 or less = £35.00
If the sum to be recovered is more than £125 = £55.00
The fee covers all visits by bailiffs. If the court is somewhere like the bulk processing centre in Northampton or the TEC, the fee will be £5.00 lower.
Walking Possession No fee
Transport of Removed Goods Reasonable costs. If no goods are removed, the law is unclear about any charge for attendance with a van. Providing goods are levied, it is likely reasonable fees could be charged.
Storage of Removed Goods Reasonable Costs
Valuation Reasonable Costs. If a bailiff values the goods, a charge of 5% of the value of the goods is applied.
Sale 15% of the proceeds of the sale. If you pay the debt between removal and sale, there is a charge of 10% of the value of the goods, plus reasonable storage, valuation and advertising costs.
How Do I Complain?
To complain you should write to the Court Manager of the county court concerned, stating your name, address, case number and warrant number. You should then outline your complaint. The court manager will investigate and respond to you explaining what action is being taken.
