If a debtor refuses to pay after a County Court Judgment (CCJ) has been issued and the debt is over £600.00, High Court Enforcement Officers (HCEO) can be instructed by applying for a Writ of Control – this allows the HCEO to seize the debtor’s assets to recover the debt. They operate similarly to a bailiff, as they are authorised to visit the debtor’s premises to seek payment or seize goods, which can be sold at public auction.
At Talbots Law, we help clients apply for Writs of Control and ensure the process runs smoothly. In this article, we explain how this enforcement method works and what to expect.
What is a Writ of Control?
A Writ of Control is a legal document that authorises an HCEO to:
- Visit the debtor’s home or business.
- Demand payment of the outstanding debt.
- Seize goods if the debtor refuses to pay.
This is often the quickest and most effective way to recover money from a debtor who has assets.
How to Apply for a Writ of Control
To apply for a Writ of Control, you must:
- Complete form N293a to allow for the transfer to the High Court.
- Complete Writ of Control Form No. 53 and the pay court fee.
- Once Writ of Control is sealed, an HCEO will attempt to recover the debt.
What Can HCEO Seize?
HCEOs can take:
- Vehicles (if not on finance).
- High-value items (e.g. TVs, jewellery, tools).
- Business assets (e.g. stock, equipment).
However, they cannot take:
- Essential household items (e.g. beds, cookers).
- Goods belonging to someone else.
- Vehicles, tools or computer equipment needed for the debtor’s job or for study.
- A Motability vehicle or vehicle displaying a valid Blue Badge.
What If the Debtor Refuses to Pay?
If the debtor refuses to cooperate, the HCEO may:
- Take control of assets and arrange for them to be sold.
- Return to the property with greater enforcement powers.
If enforcement fails, alternative methods such as Charging Orders or Third-Party Debt Orders may be required.
Supporting your Debt Recovery Challenges
Recovering unpaid debts can be a frustrating and time-consuming process, particularly if you are unfamiliar with the legal procedures involved. As experienced civil litigation lawyers, we have put together a clear, step-by-step guide to help individuals and businesses understand the debt recovery process in England and Wales.
Our series of comprehensive articles will walk you through each stage, from initial communication with the debtor to enforcement of a court judgment.
For further information and guidance, read the full series:
- Step 1 – Contacting the Debtor
- Step 2 – Sending a Letter Before Action (LBA)
- Step 3 – Issuing a County Court Claim
- Step 4 – Default Judgment & The Debtor’s Response
- Step 5 – Enforcing a County Court Judgment
- Step 6 – Warrant of Control: Sending Bailiffs to Recover a Debt
- Step 8 – Charging Orders and Orders for Sale
- Step 9 – Attachment of Earnings Order
- Step 10 – Third-Party Debt Orders
- Step 11 – Preventing Debt Issues
Expert Legal Advice
At Talbots Law, we handle all aspects of Writ of Control applications, ensuring HCEO are instructed swiftly to maximise debt recovery. If the debtor refuses to pay, we can advise on the next steps, including securing debts against property or freezing bank accounts.
Our debt recovery product, Talbots Collect, is a fixed-fee debt recovery product specifically focussed on business-to-business debts that is fast, simple, and delivered at a competitive price. If you would like to speak with one of our debt recovery experts, please complete the form below.
Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.
This blog was written by Lucky Bassi, Associate Solicitor, in our Dispute Resolution Team.