Debtor Rights
Your Rights During
Enforcement
If an enforcement agent is attending your property or you have received a Notice of Enforcement, you have statutory rights. This page explains what those rights are, what the enforcement agent can and cannot do, and where to get free help.
Your right to notice
Before enforcement begins, you must receive a Notice of Enforcement. This is a statutory requirement under regulation 6 of the Taking Control of Goods Regulations 2013 (SI 2013/1894). The notice must give you at least 14 clear days to pay the amount owed before the enforcement agent can attend your property.
If you are getting help from a debt advice provider, they can ask the enforcement agent to extend the notice period by a further 28 days. The request must be made before the 14 clear days expire (regulation 6(1A), inserted by SI 2026/366). The extension does not apply to business debts that are not eligible for debt advice.
“Clear days” means the day the notice is served and the day the enforcement agent attends are both excluded from the count, and under regulation 6(2) Sundays, bank holidays, Good Friday and Christmas Day do not count either. For example, if a notice is served on Monday 1 March, the 14 clear days run from 2 March to 17 March leaving out the two Sundays, so the earliest the enforcement agent can attend is Thursday 18 March.
The notice will state the amount owed (including any fees already incurred), the name of the enforcement agent, and the creditor on whose behalf the enforcement agent is acting. If you have not received a notice, or the notice does not comply with these requirements, you should seek advice immediately. For more information on what to do when you receive a notice, see received a notice.
Entry powers
The rules governing entry to premises are set out in Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) and the Taking Control of Goods Regulations 2013. These rules differ depending on whether the premises are residential or commercial, and whether it is the first visit or a subsequent attendance.
First visit to residential premises: the enforcement agent may only enter by peaceful means. This means through an unlocked door that is open or that the debtor opens voluntarily. The enforcement agent cannot force entry to a residential property on the first visit. They cannot break a lock, remove a door, or enter through a window. If you do not open the door, the enforcement agent cannot come in.
Commercial premises: at the enforcement stage, reasonable force may be used to enter commercial premises if entry was previously obtained or a controlled goods agreement is in place. This is a broader power than exists for residential property.
Re-entry: if you have signed a controlled goods agreement and then breached it (for example, by selling or disposing of goods covered by the agreement), the enforcement agent may use reasonable force to re-enter the premises, including residential premises. Apart from this, and a warrant issued by the court under Schedule 12, paragraph 20, forced entry to a residential property is not permitted.
Hours of enforcement
Enforcement can only take place between 6am and 9pm (regulations 13 and 22, Taking Control of Goods Regulations 2013). This applies to all enforcement activity: attendance, taking control of goods, removal, and sale.
If an enforcement agent arrives outside these hours, you do not need to allow entry. An attendance before 6am or after 9pm is not lawful and you are entitled to refuse to engage.
If enforcement is already in progress at 9pm (for example, the agent is in the process of listing goods), the agent may complete the visit but cannot start new enforcement action after 9pm. The agent must leave the premises within a reasonable time after completing the activity already underway.
Exempt goods
Certain goods are exempt from enforcement and cannot be taken under any circumstances. These exemptions are set out in regulation 4 of the Taking Control of Goods Regulations 2013. The exempt categories are:
- Basic domestic needs: items reasonably required for the basic domestic needs of the debtor and every member of the debtor's household. This includes clothing, bedding, basic furniture, essential household items (a cooker, a fridge, a washing machine, a table, chairs), and items used for the care of children or dependants.
- Tools of the trade: items used personally by the debtor in their employment, business, or vocation, up to a combined value of £1,350. This can include hand tools, equipment, books, and vehicles where the vehicle is essential to the debtor's work. The £1,350 limit is an aggregate across all tools of the trade, not per item.
- Hire purchase and conditional sale: goods that are subject to a hire purchase agreement or conditional sale agreement do not belong to the debtor until the final payment is made. These goods cannot be taken because they are not the debtor's property.
- Third-party goods: goods belonging to someone other than the debtor are exempt. If a family member, lodger, or business partner owns goods on the premises, those goods cannot be taken to satisfy the debtor's debt. If you believe goods have been wrongly identified as belonging to the debtor, you should provide evidence of ownership to the enforcement agent immediately.
If you believe exempt goods have been taken or threatened, seek advice from a free debt advice service (see below) or apply to the court for a remedy.
Vulnerability protections
The National Standards for Enforcement Agents (Ministry of Justice, April 2014) require enforcement agents to have regard to vulnerability when exercising their powers. If the debtor or any person at the premises appears to be vulnerable, the enforcement agent should not proceed with enforcement and should report back to the creditor for further instructions.
Vulnerability is not defined exhaustively in the regulations, but the National Standards for Enforcement Agents provide guidance. Circumstances that may indicate vulnerability include:
- Mental health conditions or cognitive impairment
- Physical disability or serious illness
- Recent bereavement
- Pregnancy
- Lone parents with young children present at the time of the visit
- Elderly persons
- People who cannot understand English or who have difficulty communicating
- People in obvious financial distress or crisis
If you or someone in your household is vulnerable, tell the enforcement agent immediately. The agent is required to take this into account when deciding whether to proceed. If the agent does not respond appropriately, this can form the basis of a complaint. The National Standards for Enforcement Agents provide further guidance on vulnerability and are published by the Ministry of Justice.
Controlled goods agreements
If the enforcement agent attends your premises and identifies goods but does not remove them immediately, they may offer you a controlled goods agreement (CGA). This is a formal agreement under Schedule 12 of TCEA 2007.
Under a CGA, the debtor keeps possession of the goods but agrees not to sell, move, damage, or dispose of them. The goods remain under the legal control of the enforcement agent even though they stay on your premises. The agreement will set out the payment terms: the amount to be paid, the instalment schedule, and the deadline for clearing the balance.
If a controlled goods agreement is breached (for example, you miss a payment, or you sell or move the goods), the enforcement agent has the right to return and remove the goods. At this stage, the agent may use reasonable force to enter the premises, including residential premises. Apart from this, and a warrant issued by the court under Schedule 12, paragraph 20, forced entry to a home is not permitted.
Before signing a CGA, make sure you understand the payment terms and that you can realistically meet them. If you are unsure, contact a free debt advice service before signing. Once signed, the agreement is binding.
How to complain
If you believe an enforcement agent has acted unlawfully or unprofessionally, you have the right to complain. The complaints process has three levels:
- Complain directly to the enforcement company in writing. Set out what happened, when it happened, who was involved, and what you want the company to do about it. Keep copies of all correspondence. Most enforcement companies have a formal complaints procedure and are required to acknowledge your complaint and respond within a set timeframe.
- Escalate to the HCEOA. If your complaint is not resolved to your satisfaction by the enforcement company, you can escalate it to the High Court Enforcement Officers Association (HCEOA). The HCEOA is the professional body representing authorised High Court enforcement officers in England and Wales. It maintains standards of conduct and can investigate complaints about its members.
- Apply to the court under Schedule 12, paragraph 66 of TCEA 2007. You can apply to the court for a remedy if the enforcement agent has breached the statutory framework. Disputes about the amount of fees are assessed under regulation 16 of the Fees Regulations 2014. The court can order the return of goods, award damages, or set aside enforcement action that was not carried out in accordance with the law.
For more information on making a complaint, see complaints procedure. A free debt advice service can also help you understand the complaints process and whether you have grounds for a complaint.
Free debt advice services
If you are struggling with debt or facing enforcement action, free and confidential help is available. The following organisations provide impartial debt advice and can help you understand your options, negotiate with creditors, and access formal debt solutions if appropriate.
National Debtline
0808 808 4000 (free, confidential)
Free telephone advice on all debt issues including enforcement, bailiffs, and court orders.
StepChange
0800 138 1111 (free, confidential)
Free debt advice and debt management plans. Can help with formal debt solutions including DROs and IVAs.
Citizens Advice
Free advice on debt, benefits, housing, and consumer rights. Available online, by phone, and in person at local offices across England and Wales.
These organisations provide free, impartial debt advice and can help you understand your options. You do not need to face enforcement alone. Contacting a debt advice service before or during enforcement can help you negotiate payment arrangements, challenge unlawful conduct, and access formal debt solutions where appropriate.
Key legislation
Your rights during enforcement are set out in the following legislation. These are the primary sources of law governing the conduct of enforcement agents and the protections available to debtors in England and Wales:
- Tribunals, Courts and Enforcement Act 2007 (TCEA 2007), Schedule 12: the primary legislation governing taking control of goods, including notice requirements, entry powers, exempt goods, controlled goods agreements, and the sale of goods.
- Taking Control of Goods Regulations 2013 (SI 2013/1894): the detailed regulations made under Schedule 12, covering notice periods, hours of enforcement, vulnerability, exempt goods categories, and the procedural requirements for enforcement agents.
- Taking Control of Goods (Fees) Regulations 2014 (SI 2014/1): the statutory fee schedule setting out the maximum fees that enforcement agents can charge at each stage of enforcement. For a full breakdown, see enforcement fees.
- National Standards for Enforcement Agents: guidance published by the Ministry of Justice setting out expected standards of conduct, including vulnerability protocols, identification requirements, and complaints handling. Not statutory, but used as a benchmark for professional conduct.
- CPR Part 84: the Civil Procedure Rules governing enforcement in the High Court, including writs of control, writs of possession, and the duties of enforcement officers.
For a more detailed explanation of how enforcement works from start to finish, see how enforcement works. For a full explanation of writs and the powers they confer, see writ of control. To research enforcement law in detail, visit enforcement.uk.
This page is for general information only and does not constitute legal advice. For advice on your specific circumstances, consult a qualified legal professional or contact a free debt advice service. HCEO LTD does not provide legal advice or legal representation.
Need help or have questions?
Contact us if you have received a notice or have questions about the enforcement process.
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