Myth busting: part two of what an enforcement agent can and cannot do

HCE myth busting why you should open the door to an EA.png.png

There are often misconceptions about what an enforcement agent (EA) is permitted to do and the powers provided to them in the execution of a writ of control under the authority of an authorised High Court Enforcement Officer (HCEO).

In the second part of this article, we look at several other aspects of enforcement to bust any myths around them. We will cover:

  • Does vulnerability stop enforcement?
  • Is it okay for the creditor to make an agreement with the debtor after instructing an EA?
  • Can you take control of a director’s goods when the debt is against the company?
  • Will refusing to answer the door or engage in any way stop enforcement?
  • Can an EA take control of a vehicle on hire purchase?

Does vulnerability stop enforcement?

Vulnerability does not prevent enforcement: enforcement action can proceed, provided the creditor and enforcement agent have undertaken the necessary steps to fulfil their obligations.

Generally, a person is vulnerable if it would be unreasonable to expect them to be able to deal with a problem themselves. Vulnerability is not clear cut; we must look at every claim of vulnerability and look at the individual circumstances and remember that vulnerability can be transient.

Under The Taking Control of Goods Regulations (Fees) 2014, Regulation 12 states that, where the debtor is a vulnerable person, the fees due for the enforcement stage are not recoverable UNLESS the enforcement agent has, before proceeding to remove goods which have been taken into control, given the debtor adequate opportunity to get assistance and advice in relation to the exercise of the enforcement power.

Creditors have a key role in ensuring vulnerable debtors are identified and protected, sharing information such as background information detailing health, welfare and case history which should include details around vulnerability. Creditors should avoid using enforcement agents where they have evidence that the debtor is vulnerable.

Enforcement agents have an obligation to report to creditors when they encounter a vulnerable debtor. This is the process the EA follows:

  • Mental health problem identified
  • Decide evidence needed
  • Explain data protection requirements
  • Obtain explicit consent
  • Dispatch the debt and mental health evidence form and consent form to gather necessary evidence from health and social care professionals. While the forms are being completed and verified, enforcement action and unnecessary contact is suspended
    Include covering letter and return address stamped envelope
  • Debtor/ carer/ family member reads and signs consent form
  • Medical professional completes and returns the debt and mental health evidence form
  • Received by the enforcement agency, which sends copies to the debtor and informs the creditor
  • Decide on action

You can read more about this in our eBook on Vulnerability and enforcement practices.

Is it okay for the creditor to make an agreement with the debtor after instructing an EA?

In a word, no.

If a debtor pays the creditor directly during the enforcement of a writ of control, the enforcement power ceases.

This means that the EA can take no further action. If they have taken control of any goods, they will need to arrange for the debtor to collect them.The enforcement fees are no longer recoverable from the debtor, because the debt has been settled and the enforcement process has ended. This will most likely mean that the creditor will become liable for the payment to the HCEO of all the enforcement fees incurred.

Can you take control of a director’s goods when the debt is against the company?

Goods that the director has use of, but which belong to the company, such as a company vehicle or a laptop, can be taken control of, but not goods that belong to the director personally.

The only exception to this is when the director has given a guarantee for the company, as this is a legal commitment for the director to pay if the company doesn’t honour the terms agreed, making them personally liable and putting their assets at risk.

Where there is more than one director, they will probably have agreed to joint and several liability, which means that all directors are jointly liable for any company debt as well as being individually liable.

Will refusing to answer the door or engage in any way stop enforcement?

No, it will not stop enforcement. The case will progress through the stages, which will incur additional fees for the debtor. If goods can be taken into control, such as a vehicle on the road, these may be sold under the sale or disposal stage, if the case gets that far.

If a debtor engages with the enforcement agent early in the process, they should be able to avoid incurring additional fees and come to a payment arrangement to clear the debt over time, significantly reducing the stress they may be experiencing around the debt.

The creditor may also use other forms of enforcement in conjunction with, or following the unsuccessful enforcement of a writ of control, such as bankruptcy or winding up petition, an attachment of earnings order or a charging order against property, whereby the creditor recovers the debt when the property is sold.

Can an EA take control of a vehicle on hire purchase?

Normally, the financer of the hire purchase agreement will retain title to the goods until they are paid in full and therefore the vehicle does not belong to the debtor and the EA cannot take control of it.

We will normally undertake a Hire Purchase Information (HPI) check to see if the vehicle is covered by a finance agreement or has been reported stolen or written off (vehicles reported stolen or written off may not be sold).

If there is an outstanding amount on the hire purchase agreement, then the finance company will usually retain legal ownership of the vehicle until it is cleared. On occasion, for example the arrangement is nearly completed, they will allow sale, providing the sums owed to them are paid.

Read "Myth busting part one"

Enjoyed this? Read more from High Court Enforcement Group Ltd

Latest news

1

Plans to acquire new build homes for council housing Houses under construction

Plans to acquire new build homes for council housing

19 Feb 2026

2

BAE records record sales as orders soar Typhoon courtesy of BAE Systems

BAE records record sales as orders soar

18 Feb 2026

3

Lord Lieutenant for Lancashire calls on thriving businesses to apply for Kings Awards Amanda Parker JP

Lord Lieutenant for Lancashire calls on thriving businesses to apply for Kings Awards

18 Feb 2026

4

Lancashire to shine in national VisitEngland coastal campaign Coastal campaign at Lytham St Annes

Lancashire to shine in national VisitEngland coastal campaign

17 Feb 2026

5

Green light for Eden Morecambe 251219EPM BMSG Dunes

Green light for Eden Morecambe

16 Feb 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Armed Forces Covenant Business Engagement
Logo.jpg.jpg
LBV Hub Seminars
24 Feb 2026 - 24 Feb 2026

Armed Forces Covenant Business Engagement

Morecambe Football Club, Morecambe, LA4 4TB

09:00 - 15:00

Preston Freelancer Meet-Up: February
LBV Hub Networking
26 Feb 2026 - 26 Feb 2026

Preston Freelancer Meet-Up: February

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Spring Forecast 2026 LIVE: Insights with PM+M
Spring Forecas.jpg.jpg
LBV Hub Seminars
03 Mar 2026 - 03 Mar 2026

Spring Forecast 2026 LIVE: Insights with PM+M

Blackburn Rovers Football Club (Red Rose Suite), Ewood Park, Blackburn , BB2 4JF

12:00 - 15:00

Chamber Breakfast Networking – March
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Chamber Breakfast Networking – March

The Storey, Lancaster, LA1 1TH

08:00 - 10:00

Lancashire Lifesavers
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Lancashire Lifesavers

The Story, Lancaster, LA1 1TH

10:15 - 11:15

Your marketing measurement is useless
Event header.png.png
LBV Hub Seminars
04 Mar 2026 - 04 Mar 2026

Your marketing measurement is useless

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

Women Growing Together in Lancashire
IWD Lancashire March 2026 Landscape Graphic Final
LBV Hub Networking
07 Mar 2026 - 07 Mar 2026

Women Growing Together in Lancashire

Dalvee Restaurant, Lancashire

10:00 - 14:00

Bay Hospitality Forum
Logo.jpg.jpg
LBV Hub Networking
11 Mar 2026 - 11 Mar 2026

Bay Hospitality Forum

Lancaster & Morecambe College, Lancaster, LA1 1TZ

10:00 - 12:00

Red Rose Awards 2026
Rra26 Logo315x315
Awards
12 Mar 2026

Red Rose Awards 2026

Winter Gardens Blackpool

18:00 - 02:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin