Enforcement agents

In England and Wales, if you have fuel debts, enforcement agents – formerly bailiffs – (in Scotland, sheriff officers) may come to your home to take away your possessions. Enforcement agents cannot force entry to private dwellings in England and Wales for most types of debt, and in Scotland, forced entry is only possible as a last resort. If a company or its enforcement agents threaten to force entry, make a formal complaint to the supplier. In England and Wales, enforcement agents must give you seven days’ notice that they will be calling at your property.1Reg 6 Taking Control of Goods Regulations 2013

Forced entry to your home in connection with an unpaid energy bill can only be by warrant of control (see Chapter 10). Even if enforcement agents gain entry and seize goods, the sums of money raised at auction rarely cover the enforcement agent and auctioneer fees and the debt remains.

Enforcement agents have a duty to notify the creditor and report the circumstances when there is evidence of vulnerability. The Ministry of Justice has produced standards as to what constitutes ‘vulnerable situations’ (see Appendix 3).2Ministry of Justice, Taking Control of Goods: National Standards, 6 April 2014

In Scotland, sheriff officers cannot demand entry to your home unless a court order known as an ‘exceptional attachment order’ has been obtained. Forced entry cannot take place unless there is a person present who is at least 16, and is not, because of their age, knowledge of English, mental illness, mental or physical disability or otherwise, unable to understand the consequences of the procedure being carried out.3s18 Debtors (Scotland) Act 1987; s49 Debt Arrangement and Attachment Act (Scotland) 2002

Energy suppliers do not have powers to force entry simply to recover money – any power of entry can only be exercised under a warrant through a magistrates’ court to disconnect a supply, not to seize possessions (see Chapter 10).

 

1     Reg 6 Taking Control of Goods Regulations 2013 »

2     Ministry of Justice, Taking Control of Goods: National Standards, 6 April 2014 »

3     s18 Debtors (Scotland) Act 1987; s49 Debt Arrangement and Attachment Act (Scotland) 2002 »