Does a Warrant Need to Be Signed? Court Laws Explained

Are you worried about a bailiff coming to your home? Do you have questions like, “Does a warrant need to be signed?” or “What is a Warrant of Control?”

Well, you’re not alone. Each month, more than 170,000 people just like you come to our website for guidance on these tough debt matters.

In this easy-to-understand guide, we’ll explain:

•  What a signed and dated warrant means for you.
•  How a Warrant of Control works.
•  Your chances to repay before any action is taken.
•  How to handle a bailiff if you’re in a vulnerable situation.
•  Steps to take if you’re unhappy with a bailiff’s actions.

Citizens Advice estimate that households owe approximately £18.9 billion in unpaid bills such as council tax and utilities¹. So, it’s quite common to be concerned about debt and its consequences.

Don’t worry! We’re here to help you understand your options.

What is a Warrant of Control?

A Warrant of Control² is a legal document issued by a court if you failed to pay a County Court Judgment (CCJ).

The issued warrant allows a bailiff, also known as an enforcement agent or enforcement officer, to seize possession of your goods on behalf of a business you owe money to. 

For example, if a judge orders a debtor to repay the sum owed through a CCJ and the debtor ignores the request, the creditor or company could then ask for a Warrant of Control to be able to enforce the debt using bailiffs. 

When this happens, you are subject to further bailiff fees.

You will have to pay the bailiff over £300 minimum if it gets to this stage. You may be able to agree on a payment schedule to spread out the cost of your debts.

This will prevent the need for further legal action and the majority of the bailiff’s fees. 

Typical Bailiff Fees and Charges

Take a look at the table below for an overview of typical bailiff fees to be prepared for the associated costs.

If you’d like to learn more about how bailiffs operate, be sure to read our specialized guide.

What can an enforcement agent do with a warrant?

With a warrant of control, an enforcement agent can take possession of your goods and store them ready to be sold at an auction. The money raised by the sale of goods can then be used to repay the debt.

However, bailiff service fees will be deducted from the money raised. 

The bailiff must come to the property at a reasonable time and must give seven days’ notice of their intended visit date. 

If a bailiff fails to provide the appropriate notice, they have committed an offence. 

Our financial expert, Janine Marsh, advises on letting a bailiff into your home: ‘It’s crucial you check who they say are before you open your door. Ask for their certificate through the letterbox or a window.’

The bailiff must also not force entry into the property in most situations, such as collecting loan debt or council tax debt.

But they can access your premises using open or unlocked entrances.

It is best to keep all doors and windows locked, otherwise they may walk into your premises and catch you by surprise. 

There are limited situations when they can “force” entry to a premises to take control of goods, such as enforcing court fines.

The complete list is:

1. Collecting HMRC tax debt
2. Unpaid Magistrates Court fines
3. When you default on a Controlled Goods Agreement with them

But even then, this means using a locksmith rather than breaking down the property door. You should always start by asking them to prove their identity and to see their enforcement agent certificate.

They must provide their identity as per Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If the bailiff fails to provide identity, you can ask them to leave.

It’s important to note that the FCA state that a bailiff must not misrepresent their authority or legal position, and cannot suggest that an action may be taken where it legally can’t ³.

Do you get a chance to repay?

The bailiff company will initially issue a Notice of Enforcement, which is a letter that gives you the chance to repay in full or agree to a Controlled Goods Agreement (CGA).

The regulations allow bailiffs to charge you for this notice – £75. 

A CGA is a repayment plan where your goods are secured against it. If you miss payments then the bailiff can come and collect those goods and sell them. 

Does a warrant have to be signed by a judge?

The bailiff will need to provide you with evidence of your debt and the warrant with a signature and date on it.

Sometimes the enforcement agent will show a ‘High Court ‘Writ’ instead. 

The law allows bailiffs to show you the warrant of control in hard copy or on a device. When they show this to you, make sure to check the name and address listed. If there are errors, the warrant may not be valid. 

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The Tribunals Courts and Enforcement Act 2007

The Tribunals Courts and Enforcement Act 2007 concerns matters relating to changes in the court system. 

Part 3 of the Tribunals Courts and Enforcement Act 2007 details matters related to enforcement agents, warrants of control and taking control of goods. It’s where formal answers on this topic can be found.

You can consult the Tribunals Courts and Enforcement Act 2007 from the UK Gov website here. 

Or you can read on for a simpler explanation… 

What if you don’t comply with the Warrant of Control?

You don’t need to let bailiffs in and they can’t force entry. But they can take anything outside your property, like your car.

If you don’t comply with the Warrant of Control, your creditor can go back to court and seek additional legal action against you.

This usually results in an Attachment of Earnings Order but, in extreme cases, you could be made bankrupt by the court.

In some cases, the court will compel you to go to a hearing.

There, you can discuss your income and how you plan to pay off the debt. You must go to this hearing – you can be sent to prison for not attending.

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Does a bailiff warrant need a wet-ink signature?

The law states that a warrant does not need a wet-ink signature. 

The reason a wet-ink signature is not required is that the enforcement agent certificate – which you can request to see when they first show up – must have a wet-ink signature by a judge. 

If the certificate is without a wet-ink signature, then you can ask them to leave your premises and threaten to call the police.

The bailiff must be civil and leave quickly.

This signature on the identity certificate along with a warrant gives the bailiffs all the authority they need to start taking control of goods. 

How long does a Warrant of Control last?

The warrant lasts for 12 months.

If at the end of this year the debt has not been paid, or if the bailiff has not submitted a final report, it expires. 

However, the creditor can request for the warrant to be extended.

They will need to make an additional payment for this request and must do it before the warrant expires – or face further difficulties. 

Can bailiffs take everything if they have a Warrant of Control?

No, bailiffs can’t take everything even if they have a Warrant of Control.

There are strict rules on what bailiffs can’t remove from your property. These items include:

• Anything that belongs to someone else – this includes things that belong to your children
• Pets or service animals
• Vehicles, tools, or equipment that you need for your job or to study up to £1,350
• A mobility vehicle or any vehicle with a valid Blue Badge
• Anything permanently fitted to your home – kitchen units, etc.

Bailiffs also can’t take things that you need to live. These items can be anything that you use for your ‘basic domestic needs.’ They can take some of these things but must leave you with:

• A table with enough chairs for everyone in your home
• Beds and bedding for everyone in your home
• A phone or mobile phone
• Any medicine or medical equipment that you need to care for someone
• A washing machine
• A cooker or microwave, and a fridge.

If you think that a bailiff has taken something that they shouldn’t, you need to complain immediately. We go through the complaints process below. You can also contact a debt charity for some advice.

What if you’re a vulnerable person?

Before you start addressing the notice of enforcement, you should know that if you: 

• Are disabled in any way or extremely ill
• Suffer from any kind of mental illness 
• Have children or are pregnant 
• Are under the age of 18 or over the age of 65
• Are dealing with a stressful situation such as the death of a loved one or unemployment 
• Don’t speak English very well 

You are considered a vulnerable person.

This means that any bailiffs will have to follow some additional rules to ensure their visit is as easy on you as possible.

Furthermore, if any of these conditions apply to you, you can get more time to deal with the notice of enforcement. You can also get more time if the notice of enforcement was not sent to you properly by the bailiff.  

If you fall into any of the above categories, you need to either tell the bailiffs yourself or get a relative or carer to do it for you. You can then contact the bailiff by phone or by post.

We have a free letter template that you can use to explain your situation.

When you speak to the bailiffs, you need to:

• Tell them that you’re vulnerable
• Explain why you would find dealing with bailiffs more difficult than other people in the same situation
• Ask them to stop any visits in the future because it will cause harm and distress to you
• Tell them if a letter or a visit could make your situation worse – this could be the case if you have a mental health problem or a heart condition, for example.

Make a note of what you agree with the bailiffs about future contact.

This will make it easier to argue with them if they don’t stick to this new agreement, or if you need to make a complaint.

Will the bailiffs charge you fees?

Yes, a bailiff will charge fees. This will be added to the total value of your debt.

These fees are generally quite similar, and some bailiff charges are even standardised. County Court bailiffs, for example, have set fees of £75 for a Notice of Enforcement and £235 if they have to actually enforce the debt.

Keep in mind that the enforcement fee can be a bit higher. Usually, they will charge an extra 7.5% of your debt if that debt is over £1,000.

This means that if you have a debt of £1,500 that you don’t pay, you will be charged:

• £75 for Notice of Enforcement
• £235 for Enforcement
• £112.50 for the 7.5% over £1,000.

Total: £422.50.

How do you complain about a bailiff?

If you think that your bailiff has been unreasonable or behaved inappropriately, you can make a complaint.

You can also complain if you feel they have broken any of the Financial Conduct Authority’s (FCA) guidelines.

Make your first complaint to your bailiff’s company or agency so that they have the chance to sort out the issue themselves. If you feel that they have not taken your complaint seriously enough or have not addressed your issue properly, you can escalate matters.

You can make any secondary complaint to the Financial Ombudsman Service (FOS).

They will investigate and, if your complaint is upheld, the bailiff’s company may be fined. You could even be owed compensation.

If your bailiff’s company is not registered with the FCA, you can make your secondary complaints to the Civil Enforcement Authority (CIVEA). CIVEA has its own set of guidelines and procedures for dealing with complaints against its members.

FAQs

References

1. Citizens Advice – Debt Statistics and Bailiff Issues
2. National Debtline – County Court bailiffs
3. FCA Handbook – CONC 7