Myth busting around what an enforcement agent can and cannot do

Not only are there many misconceptions around what an enforcement agent (EA) may or may not do when enforcing a writ of control, there are also significant powers that the EA has when enforcing a writ that are not widely understood.

Let’s take a look at busting some of these myths. There are quite a few, so we will cover them in two parts. Here is part one.

Is forcing entry permitted?

Whilst an EA cannot force entry to residential premises on the first visit, when there is a controlled goods agreement in place the EA is permitted to force entry on a subsequent visit, for example where they may be going to inspect or remove those goods if a payment arrangement is defaulted.

EAs are also permitted to force entry to wholly commercial premises.

Are there multiple possible means of entry?

The Taking Control of Goods Regulations (TCoG) 2014 changed the permitted means of entry to being any normal means of access to the property. This would include a door or a loading bay, but not a window.

Are tools of trade exempt?

Whilst there is some exemption for tools of the trade, it is not a blanket exemption. The main condition is that the tools are used exclusively by a sole trader for their business. If a works van is used by the sole trader’s spouse, for example, then it would no longer be exempt.

The other condition is that only goods to a combined value of £1,350 are exempt, however the EA may take control of any tools once that threshold has been met.

Will a stay of execution stop enforcement?

When a stay of execution is granted, perhaps because the debtor has appealed the judgment, enforcement is stopped until the appeal is either granted or rejected (in which case enforcement can recommence). A commonly held belief that simply intending to or submitting an application for a stay of execution will in itself stop enforcement is incorrect.

Can you take control of jointly owned goods?

As you would expect, goods belonging to third parties are exempt. If the EA does take control of an item that subsequently turns out to belong to a third party, there is a procedure in place for the third party to demonstrate ownership and have the goods returned to them.

However, the EA can take control of jointly owned items, for example something belonging to both adults living together in a household. In this instance, if the controlled item is subsequently sold, the debtor’s half of the proceeds is put towards satisfying the debt and enforcement fees and the other party is paid their half.