1. Introduction

An enforcement agent (commonly referred to as a ‘bailiff’) is someone who acts on behalf of creditors or courts to collect debts, repossess homes or goods and to execute certain arrest warrants. This chapter looks at the role of enforcement agents in taking control of goods to recover debts.

There are several different types of enforcement agent operating in England and Wales. Some are civil servants, employed by government departments, such as HMRC and HM Courts and Tribunals Service. Most are private agents: either High Court enforcement officers enforcing judgments of the High Court, and county court, or ‘certificated’ enforcement agents, recovering all other debts that are enforceable by taking control of goods. They all enforce liabilities by the statutory procedure of taking control of goods.

Note: enforcement agents can only take goods to recover an outstanding liability in the circumstances described in this chapter. Some firms also undertake debt collection work. If a firm of enforcement agents is collecting an unsecured consumer debt or a benefits overpayment, the firm does not have any special legal powers, despite the fact that the firm may describe itself as ‘enforcement agents’ or ‘bailiffs’ in its letterhead.

The role of enforcement agents has changed. In the past, their primary role was to take goods with a view to their sale, but since April 2014, when enforcement law was reformed, the emphasis has been as much on ‘compliance’ and agreeing instalments as on enforcement. Many firms claim that as much as 50 or 60 per cent of their collections are now done at the initial compliance stage. Arranging affordable instalments for clients in multiple debt may still be difficult, but it may be easier than in the past. For commercial reasons, many firms may be prepared to agree payment plans through call centres, rather than send out agents. Even so, the timescale offered may not be long and they will still be required to comply with timescales laid down for them by creditors.