Skip to main content

Insight article

June 19, 2019

What can debt enforcement companies really do?

Debt collection is a term that strikes terror into business owners and individuals alike.

The image of burly men banging on the door and taking away all your worldly goods hasn’t been helped over the years by the media’s portrayal of debt collectors on TV. However, there are limits to what debt collectors and court enforcement officers can do. Knowing your rights is important, so if you’re concerned about that ‘knock at the door’, here’s a brief guide to dealing with the bailiffs.

The difference between High Court Enforcement Officers, County Court Bailiffs and Debt Collection Agencies

The first thing is to understand that there’s a big difference between debt collection agencies, “DCA(s)”, who are usually private firms and enforcement officers (known as either High Court Enforcement Officers or County Court Bailiffs). Regardless of who comes knocking, there must be a set chain of events before the ‘bailiffs are called in’.

Initially, there should be plenty of contact between the creditor and the debtor, and the easiest way to avoid any type of debt collection situation is to keep the creditor fully appraised of your situation. If you are a creditor, you should first try to recover the debt ‘in-house’ or at least negotiate with the debtor to arrange manageable payment plans to pay off the debt. If that fails, then you can take things to the next level by bringing in a DCA.

DCAs often work on a “no collection, no fee” basis and should go through a process of written contact and phone calls before moving on to personal visits. Bear in mind, though, that DCAs do not have any enforcement authority, so they can’t enter a property to take control of goods in lieu of payment. They also cannot threaten, intimidate or lie to the debtor about what they can do, and debtors have every right to refuse entry to DCA agents.

Going through the courts

If the use of in-house and DCA methods are still not garnering results for the creditor, then they can go through the courts. The most common route is to apply to the County Court for a County Court Judgement (CCJ). This gives the debtor a certain time to pay the outstanding debt, usually two weeks. If the debtor still either can’t or won’t pay, it can be elevated immediately, and the court can authorise enforcement.

Who carries out an enforcement order?

Usually, a County Court Bailiff or a High Court Enforcement Officer executes the order. The debtor will be told of the decision to elevate the case to the court and that they have seven days to pay before officers arrive at their doorstep. Unlike DCA agents, court officers do have the right of entry and can seize goods to cover the cost of the debt if they are sure the assets belong to the debtor.

Bear in mind that if you are visited by a court officer pursuing a debt, then you will have to pay the debt itself, but there will also be additional charges depending on the size of the debt and the actions that the officers take to recover it. The longer you ‘string things out’, the more you’ll pay.

I’m a creditor. What’s my best option?

The cheapest option is a no-collection-no-fee debt collection agency, but as their authority is limited, it may not produce the results you want.

If the debt is substantial and you have demonstrated that you’ve given the debtor plenty of opportunities to pay, then the best option is to go straight to the County Court and then elevate it to the High Court to enforce payment. You will have to pay a fee, but the chances of getting at least some of your money back are higher.

If you’re worried about debt or are concerned that a debt owed to you hasn’t been paid, speak to Daniel Downes today.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Family mediation and child arrangements
    What to do when you separate and there is no agreement in place for the children?


    Read more
  • Is your business acquisition ready?
    Is your business ready for an acquisition? Learn key considerations from corporate lawyer Evangelos Kyveris at RIAA Barker Gillette, including growth strategy alignment, financial readiness, logistical preparation, and professional assistance for a s


    Read more
  • Preventing sexual harassment
    Employers are facing a pivotal moment as they brace for new regulations regarding sexual harassment set to take effect in October 2024.


    Read more
  • Why employers need a reflective response to employee beliefs
    Recent tribunal judgments on the freedom to express gender-critical views highlight the growing challenge for employers in safely navigating discrimination in the workplace in the face of increasingly complex social attitudes.


    Read more
  • A spotlight on child arrangements in the UK
    Celebrating National Children’s Day.


    Read more

What they say...

  • Georgina, July 2024
    “We used Peter Wright to act as a conveyancing solicitor in a recent house purchase. We found him approachable, affordable, would return calls, give any necessary advice without being intrusive, and was very thorough in all investigations on th

  • Oggy, July 2024
    “An excellent, professional and importantly, symapthetic service imparted to me from Karen at a most stressful time.” Employment

  • Sarah and Luke Oubridge, July 2024
    “We could not be more happy with the service provided by Herman and his team. From start to finish, we felt listened to, understood and also shared a laugh. Huge thanks.” Wills, tax and trusts

  • Tim Blunn, June 2024
    “My Solicitor (Patrick Simpson) was easy to speak to and very informative throughout my case. I would 100% recommend RIAA Barker Gillette (UK) LLP for employment related issues.”

  • Sabrina, June 2024
    “…mentioned a few complex areas and I appreciated the honesty and clear guidance provided. I would recommend [Pippa Marshall] highly.” Family law – prenup advice

Read more
Send this to a friend