High court enforcement

A creditor can, in some cases, enforce a county court judgment (CCJ) through the high court.

In rare cases, they may obtain judgment itself in the high court. The main advantages to the creditor are:

The court adds an 8% statutory interest rate to all debts enforced in the high court
High court enforcement officers are private bailiffs and are many creditors consider them more effective than county court bailiffs

Debts regulated by the Consumer Credit Act are never enforced in the high court, nor are any debts under £600.

If the court has decided you can pay in instalments and you think they are unaffordable, you can apply to the court to reduce them.

You can also apply for a ‘stay of execution’ If the court starts enforcement action. To do this in the high court is more complicated than the county court. There is a fee to be paid and a hearing is required.

If you have had a letter or visit from a high court enforcement officer, you should get specialist legal advice. We recommend you contact Community Legal Advice.

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FAQs

Where can I find some legal advice?

England and Wales > Life changes

There are several places you can go for free advice on legal matters.

Law centres are found in many larger towns and offer free advice from qualified solicitors or barristers. The Law Centres Federation can help you find your nearest centre.

Community Legal Advice can also assist you in finding free legal advice in your area.

When can a bailiff force entry into my home?

England and Wales > Creditor action

If a bailiff has already been in your property, they can use force to enter again at a later date.

They cannot force entry on their first visit, but they can enter through an unlocked door or window.

There are only two instances where bailiffs can enter forcibly on their first visit:

When a magistrate gives permission in cases where someone has avoided paying a criminal fine
When bailiffs are acting for HM Revenue & Customs collecting tax, VAT or national insurance debt

What If I feel the charges added to my debt are unfair?

England and Wales > Creditor action > Charges and interest

Most agreements allow creditors to add charges and interest. If you feel that the charges are unfair or too high, you should first make a complaint to the creditor.

Creditors can add charges, but the Office of Fair Trading guidelines state these should be “based on actual and necessary costs” and should not be too high compared with the debt itself.

If you do not get a satisfactory response, you could contact the Financial Ombudsman Service who can investigate the matter further.