The power of a writ of control to recover debt

Power of writ iStock-1192586596.jpg.jpg

A High Court writ of control confers a number of powers onto a High Court Enforcement Officer (HCEO) to take control of goods to satisfy a debt.

When a money judgment is awarded in the High Court or County Court, the claimant can transfer the judgment (CCJ) to the High Court for enforcement by an HCEO under a writ of control. No permission is needed to do so, the only proviso is that the CCJ must be for £600 or more and must not be a consumer credit regulated debt.

Debts below £600 and regulated debt are enforced currently by County Court Bailiffs (CCBs). CCJs over £5,000 may only be enforced under a writ of control by an HCEO.

Enforcement hours

The HCEO may enforce the writ any day of the week, except for Bank Holidays and Christmas Day, between 6am and 9pm.

However, if the debtor is a business and keeps different hours, for example a night club, the HCEO may also enforce the writ during the debtor’s normal business hours.

Obstructing an enforcement agent 

The penalties for either intentionally obstructing an enforcement agent enforcing a High Court writ or intentionally interfering with controlled goods without lawful excuse are:

  • Imprisonment for a term not exceeding 51 weeks
  • A fine not exceeding level 4 (currently up to £2,500) on the standard scale
  • Or both

Taking control of goods

The enforcement agents, acting under the authority of the HCEO, may take control of goods belonging to the debtor to the value of the writ plus court fees and enforcement fees. This means that the goods are now under the control of the Court and may not be removed or disposed of by the debtor or anyone else.

If the debtor pays the debt in full (either in one payment or through a payment arrangement under a controlled goods agreement), the goods will revert to their ownership.

If the writ is not satisfied, the controlled goods may be removed and sold, normally at public auction.

If the debtor claims that certain goods do not belong to them, they will need to provide proof of ownership.

In the case of a business, if it is a limited company or limited liability partnership, the enforcement agent may only take goods that belong to the legal entity.

For a sole trader or partnership, the enforcement agent may take control of any of the goods, with the exception of “tools of the trade” to the value of £1,350, which only applies to goods owned and used exclusively by a sole trader.

The enforcement agent may take control of vehicles that are free from finance.

Exempt goods

There are a number of items that are exempt from enforcement, including:

  • Bedding, clothing, furniture and provisions that the debtor and their family need for a basic level of domestic life
  • Perishable goods
  • Any items reasonably required for the care of a person under 18, a disabled person or an older person (over 65)
  • Assistance dogs, sheep dogs, guard dogs and domestic pets
  • Vehicles with a valid disabled person’s badge, being used for police, fire or ambulance purposes, or with a valid British Medical Association badge or other health emergency badge being used for health emergency purposes

Gaining entry

Entry into premises must be through a normal means of entry, such as a door or a loading bay. This includes using the door handle to open a closed but unlocked door.

Forcing entry into residential premises is not permitted unless a controlled goods agreement has been previously signed and the debtor has not complied with the payment schedule within the agreement. This is because the controlled goods belong to the Court until the writ is satisfied.

Should forcible entry into commercial premises be the only means of gaining entry, this may be possible if the Court provides approval.

Validity of the writ

The writ of control will be valid for 12 months. If the debtor has entered into a controlled goods agreement and subsequently defaults on the payments, the writ is then automatically valid for a further 12 months from the date of the breach.

The writ may also be extended, just once, for a further 12-month period, before the expiry by applying to court for permission. The applicant will need to demonstrate why they need the extension and provide the grounds for not having taken control of the goods during the initial 12-month period.

Download our Writ of Control eBook to find out more.

Enjoyed this? Read more from High Court Enforcement Group Ltd

Latest news

1

Focus Yards launches to deliver UK’s largest open storage network FocusYards FIREM

Focus Yards launches to deliver UK’s largest open storage network

12 Dec 2025

2

Bank of England deputy discusses Blackpool's opportunities and challenges Bank of England deputy governor Clare Lombardelli met a top delegation in the Blackpool

Bank of England deputy discusses Blackpool's opportunities and challenges

12 Dec 2025

3

Panache Cruises secures £2.75m refinance deal with HSBC UK James Cole chief executive and founder of Panache Cruises

Panache Cruises secures £2.75m refinance deal with HSBC UK

12 Dec 2025

4

One Stop Hire expands operation at Ackhurst Business Park Ackhurst Business Park

One Stop Hire expands operation at Ackhurst Business Park

11 Dec 2025

5

Major job cuts reported at Burnley tech business Burnley town centre

Major job cuts reported at Burnley tech business

11 Dec 2025

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
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

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

St Catherine's Christmas Tree-Cycling
Tree Cycling.png.png
LBV Hub Fundraisers
25 Nov 2025 - 10 Jan 2026

St Catherine's Christmas Tree-Cycling

Several locations, Preston, PR5 5XU

10:00 - 13:07

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

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

08:00 - 10:00

Preston Freelancer Meet-Up December
long banner dec Freelancer.jpg.jpg
LBV Hub Networking
15 Dec 2025 - 15 Dec 2025

Preston Freelancer Meet-Up December

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Preston Tech Connection Christmas Social
PTC December Social.jpg.jpg
LBV Hub Social
16 Dec 2025 - 16 Dec 2025

Preston Tech Connection Christmas Social

Wings and Beer, Cannon Street, Preston, PR1 3NT

18:00 - 20:00

Chamber Business Lunch – December
Logo.jpg.jpg
LBV Hub Social
19 Dec 2025 - 19 Dec 2025

Chamber Business Lunch – December

Morecambe Football Blub, Morecambe, LA4 4TB

11:00 - 14:00

Chamber Breakfast Networking – January
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
08 Jan 2026 - 08 Jan 2026

Chamber Breakfast Networking – January

3-1-5 Health Club, Lancaster, LA1 3PE

08:00 - 10:00

Preston Freelancer Meet-Up: January
January Freelancer Meet-Up Square .png.png
LBV Hub Networking
20 Jan 2026 - 20 Jan 2026

Preston Freelancer Meet-Up: January

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 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

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