What is the difference Between Enforcement Officers & High Court Enforcement Officers?

Answer 1

Enforcement officers or bailiffs are lawfully allowed to take goods and get debts on behalf of the county court but do not offer the equivalent powers as that of HCEO. They can work with the courts immediately or engage in civil enforcement agencies.

The primary role of a bailiff is to obtain payment from the debtor or seek to enter into a payment plan under a controlled goods agreement. If they do not agree, they will visit your business to seize goods. The bailiffs must notify your business seven days before they intend to visit as bailiffs do not immediately enjoy the right of entry. When they do arrive, you should always ask for proper identification and check they are certified.

Once the HCEO has the debtor’s location, they will visit to see if goods can be seized from the premises. Before the catching of goods, the high court enforcement officer will attend your business, and they can do so without requiring the court for permission to attend and providing notice.

They will make a list of advantages that can be seized, but will fundamentally provide an event to pay the debt. If you do not do so, they have the power to uplift goods quickly. Alternatively, they can request you to sign a managed goods agreement. A controlled assets agreement will see the high court enforcement officers return after seven days to remove company goods, should you not pay the debts.

High court enforcement group powers include but are not limited too:

Stock and machinery

Business furniture

Vehicles belonging to the company

Bonds, shares, and deeds

Money

Goods on finance (the finance company must agree to the sale)

The main sectors in which items high court enforcement powers do not extend to taking goods are:

Perishable goods

Tools of the trade – items required by the debtor to conduct their jobs or run business, up to the value of £1,350. Anything above that may be taken by the high court enforcement officer.

Goods leased or hired

Assets subject to third party ownership

The high court enforcement officers cannot force entry if the premises are secured, and they are not permitted to take goods from third-party premises unless there is good reason to believe the company has stored goods there.

Usually, the goods will then be sold at a public auction. However, it’s worth noting that some high court enforcement officers host their own auctions. If some company goods are not appropriate for a public auction, the HCEO can apply to the court to sell the asset to a private buyer. There are also high court enforcement fees to consider when your business faces this stage.