Changes to taking control of goods procedure and fees

As High Court Enforcement Officers (HCEO), one of the key pieces of legislation we work under are the Taking Control of Goods Regulations (TCoG), which came into force in April 2014.

Following the previous government’s consultation in 2023 on the TCoG regulations, in June 2025, the Minister of State for Justice, announced the changes that will be made as a result of the consultation and feedback from the enforcement sector.

The Minister of State is clear that an effective enforcement system is essential, to deliver court awards to claimants in a straightforward and timely manner, whilst treating debtors with dignity.

We anticipate that the statutory instrument will be laid in Parliament in the next few weeks. Here are the key changes that will be incorporated, which will be applied to both High Court and non-High Court debts:

• The duration of the compliance stage will be extended from seven clear days to 14 clear days, to allow more time for payment and seeking of advice
• However, if the debtor has sought advice from a debt advice provider and the debt advisor contacts the enforcement firm or agent to request an extension of the compliance period, this will be up to 28 days from the date of the notice of enforcement
• If there is no contact made on a first visit, the HCEO will no longer be able to move the case automatically to enforcement stage 2 (ES2)
• Where a breach of payment arrangement occurs, there will not be a set time period before progressing to enforcement stage 2 beyond the current two-day notice requirement (which some had proposed), however, the HCEO will need to provide documented warnings and try to amend the payment arrangement to avoid having to make a further visit

Enforcement fees will increase by five per cent across the board. Enforcement fees are reocvered from the debtor. This will be the first review in fees since 2014, so while the increase is undoubtedly welcome, fees have fallen some way behind inflation. The Government intends to review enforcement fees in three years’ time.

The Minister of State is clear that an effective enforcement system is essential, to deliver court awards to claimants in a straightforward and timely manner, whilst treating debtors with dignity.

Visit our website to read more about this update.