Bailiffs vs High Court Enforcement Officers: Understanding the Differences

Did you know that debt collectors and HCEOs are a type of bailiff? If you didn’t, you’re in the right place. Each month we help more than 170,000 people get answers to their debt questions. 

In this article, we’ll explain:

• What a debt collector is
• What a HCEO is
• The limits on what bailiffs can do.

What is a bailiff?

The term ‘bailiff’ is used to describe any agent who has been sent to recover debts. They can be sent on behalf of your creditor or a court.

There are two types of bailiffs:

• Debt collectors, and 
• High Court Enforcement Officers (HCEOs).

While debt collectors and HCEOs are technically both bailiffs, they have very different powers. We’ll go into more detail in the rest of this post, but, in essence, an HCEO acts on instructions from the court, so has much greater powers.

What is a debt collector?

A debt collector is someone who works for a debt collection agency who is chasing your debt. They do this because they have bought your debt from your creditor or because your creditor has employed them to chase you.

Debt collectors have limited power over you, so need your permission to enter your property and take away your possessions.

What can a debt collector do?

Debt collectors don’t have the same rights as HCEOs. Debt collectors can only request or remind you that you pay the debt that they are chasing. 

Debt collectors can’t:

• Force entry into your home. This means they can’t break any windows, push past you, or break the lock on your door.
• Take goods without your permission.
• Enter your home without permission – you have to invite a debt collector into your home. 

So, if you are worried about debt collector visits, remember that you have rights. And if you don’t want them in your home, don’t let them in. 

Are debt collectors regulated?

The most common types of household debts are regulated by the Financial Conduct Authority (FCA). They publish guidelines which creditors and debt collectors have to follow. You can check to see if the FCA governs your debt collection company by checking their register.

If the debt collection company you are dealing with is not registered with the FCA, you can check the Credit Services Association (CSA) instead. The CSA work with the FCA and has a set of regulations that aim to maintain professionalism and fair debt collection practices.

What is a HCEO?

A High Court Enforcement Officer (HCEO) or sheriff is a type of bailiff who is following instructions from the court. They are appointed by the Ministry of Justice to enforce a court order.

A HCEO will typically enforce an order from the High Court and collect debts from CCJs over £600, VAT, income tax, national insurance, court fees or unpaid council tax. They are allowed to use force to enforce a court order – this means that they can break into your home in some circumstances.

They have more powers than a debt collector, but they still have rules and regulations that they need to follow.

Who regulates HCEOs?

The High Court Enforcement Officers Association has a Code of Best Practice that is based on the National Standards issued by the Ministry of Justice.

These guidelines apply to anyone working as or on behalf of a HCEO.

The guidelines cover a broad range of behaviours and procedures. The rules require that, among other things, HCEOs:

• Provide relevant ID on request
• Act within the law at all times
• Respect confidentiality
• Do not exaggerate the powers that they hold
• Act in a professional, calm, and dignified manner
• Do not discriminate.

If you think that a HCEO has broken any of these rules, or any other rule in the Best Code of Practice, you can make a complaint. I go through this process in this more detailed article about HCEOs.

Thousands have already tackled their debt

Every day our partners, The Debt Advice Service, help people find out whether they can lower their repayments and finally tackle or write off some of their debt.

Natasha

I’d recommend this firm to anyone struggling with debt – my mind has been put to rest, all is getting sorted.

Get started

Reviews shown are for The Debt Advice Service.

What can’t bailiffs take?

There are strict rules on what bailiffs can’t remove from your property. These rules are the same for HCEOs, or for debt collectors who have permission to be on your property and take your belongings.

Remember that you don’t have to give debt collectors permission – you can refuse and ignore them, and they can’t do anything.

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. I go through the complaints process in this article.

What if I am a vulnerable person?

Before you start dealing with either a debt collector or HCEO, 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 bailiff yourself or get a relative or carer to do it for you. You can then contact them by phone or by post. I have a free letter template that you can use to explain your situation.

When you speak to the bailiff, 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 bailiff 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.