It is an offence to deliberately obstruct an enforcement agent when they are acting lawfully.  It is also an offence to interfere with goods (your belongings) that an enforcement agent has taken control of.  The maximum penalty for these offences is a prison sentence of up to 51 weeks, and/or a fine.

If an enforcement agent has already visited you, paying them the total you owe will mean your belongings won’t be removed. You can also ask the enforcement agent if a payment plan is possible.  It is for the enforcement agent to decide to agree the payment plan or not, and they will take different factors into account.

If you haven’t been visited by an enforcement agent, you can call us to discuss your circumstances.  Our contact details can be found on this page.  We will explain your payment options to you.

There are rules about what an enforcement agent is allowed to take control of.  A list can be found on page 3 of the Taking Control of Goods Regulations 2013.  You can read these by clicking here

The fees are set by law.  There are two different sets of fees, depending on what type of court order has been made.

Some websites might tell you that by paying the creditor directly you can avoid enforcement fees.  This isn't true, so don't be misled.  If your debt is owed to a council, you can read confirmation from the Local Government Ombudsman here that enforcement fees must be paid.

Once a debt has been passed to an enforcement company, the fees apply even if you pay the creditor (the person or organisation you owe money to) directly.  Until the total, including enforcement fees, is paid, the court order still has effect.

Fees apply for each stage of enforcement.  It is not the number of letters you receive, or visits, that set the fees.  It is the stage that these activities happen at that sets the fees.

Non-High Court
This includes:

Magistrates’ courts fines, Penalty Charge Notices - including but not limited to parking fines, road traffic contraventions (e.g. bus lanes, congestion charge, low emissions), Dartford Crossing and Mersey Gateway.

Liability orders issued by local authorities for unpaid council tax.

• Compliance stage fee:  £75
• Enforcement stage fee (debt value less than or equal to £1500):  £235
• Enforcement stage fee (debt value more than £1500):  £235 plus 7.5% of the debt value above £1500
• Removal stage fee (debt value less than or equal to £1500):  £110
• Removal stage fee (debt value more than £1500):  £110 plus 7.5% of the debt value above £1500

High Court*

• Compliance stage fee:  £75
• 1st enforcement stage fee (debt value less than or equal to £1000):  £190
• 1st enforcement stage fee (debt value more than £1000): £190 plus 7.5% of the debt value above £1000
• 2nd enforcement stage fee (debt value less than or equal to £1000):  £495
• Sale or disposal stage fee (debt value less than or equal to £1000):  £525
• Sale or disposal stage fee (debt value more than £1000):  £525 plus 7.5% of the debt value above £1000

* VAT may be applicable to High Court fees.

If there is more than one court order being enforced at the same time, we must apply compliance fees for each.  In this case, fees for other stages of enforcement will depend on when an Enforcement Agent receives instructions to act, and whether they can reasonably enforce multiple court orders at the same time (for example, taking control of goods in relation to multiple court orders at the same time, unless it isn't practical to do that).

In some cases, other expenses will apply, such as the cost of hiring a locksmith, storing belongings or selling belongings.  The actual costs of these expenses will be charged as fees.

If there are any extra expenses, a court must agree to fees being added for these.

In some cases, only the compliance stage fee might apply even if the cases progresses to enforcement.  This could happen if there is evidence during the enforcement stage that a customer is vulnerable, and was previously unable to communicate this. If a court order was made before 6 April 2014, different fees will apply.

An enforcement agent has certain powers to collect payment, or take control of goods.

Taking control of goods doesn’t necessarily mean removing them.  Usually an enforcement agent will draw up a list of belongings that could be taken and sold.  They will ask the customer to sign a ‘controlled goods agreement’.

While this agreement is in place, the belongings can’t be moved or sold by the customer.  It is an offence to deliberately interfere with controlled goods, unless there is a lawful reason to do this.

By signing this agreement, the customer has a final chance to pay the debt.  You can also ask the enforcement agent if a short term payment plan is possible.  It is for the enforcement agent to decide to agree the payment plan or not.

Enforcement agents may not take control of goods if the customer is a child, or if a child and/or vulnerable person is the only person present.

If a customer chooses not to sign a controlled goods agreement, the enforcement agent may choose to remove goods immediately.
An enforcement agent can secure an entire business premises to stop goods from being removed.
The Taking Control of Goods Regulations 2013 set out what enforcement agents are and are not allowed to remove. You can read these by clicking here

Entry to premises allows enforcement agents to assess a customer’s circumstances.  An enforcement agent is generally only able to enter or re-enter a property in a peaceful manner.  They cannot enter under false pretences (for example, by making up a reason).  They can enter by any door or any route that would usually be used to enter a property.

Enforcement agents can apply to the court for an order to force entry.  In practice this generally only applies to a court order relating to a fine issued by Her Majesty’s Courts and Tribunals Service.  In some cases, it might be allowed in civil cases, and allow access to third party premises.

Enforcement agents may also use reasonable force to re-enter any premises where the enforcement agent has already taken control of the goods.  This is only allowed if the customer has failed to stick to the terms of the controlled goods agreement, and has been given notice of the agent’s intention.

High Court Enforcement Officers may if necessary use reasonable force to enter any business premises to enforce a High Court writ
Trespass laws do not prevent an enforcement agent from attempting to enforce a court order.

An enforcement agent will have the right to re-enter the customer’s premises if there were insufficient goods at the time they were to be removed (for example, not enough to be meet the value of the debt you owe), or if the enforcement agent believes the customer has sufficient goods at a later time.

What does ‘taking control of goods’ mean?
Taking control of goods doesn’t necessarily mean removing them.  Usually an enforcement agent will draw up a list of belongings that could be taken and sold.  They will ask the customer to sign a ‘controlled goods agreement’.
While this agreement is in place, the belongings can’t be moved or sold by the customer.  It is an offence to deliberately interfere with controlled goods, unless there is a lawful reason to do this.
By signing this agreement, the customer has a final chance to pay the debt.  You can also ask the enforcement agent if a short term payment plan is possible.  It is for the enforcement agent to decide to agree the payment plan or not.
Enforcement agents may not take control of goods if the customer is a child, or if a child and/or vulnerable person is the only person present. If a customer chooses not to sign a controlled goods agreement, the enforcement agent must remove goods immediately, or leave.
An enforcement agent can secure an entire business premises to stop goods from being removed
The Taking Control of Goods Regulations 2013 set out what enforcement agents are and are not allowed to remove.&nbsp; You can read these by clicking&nbsp;<span style="color: #0000ff"><a style="color: #0000ff" href="http://www.legislation.gov.uk/uksi/2013/1894/part/1/crossheading/exempt-goods/made" target="_blank" rel="noopener">here</a></span>.

Should I let an enforcement agent in?
Enforcement agents have different powers to enter a property (or not enter), depending on the court order.<br><br>But you can choose to let an enforcement agent in so they can assess your situation for themselves.<br><br>Whatever you decide, it’s vital that you speak to the enforcement agent. Ignoring them won’t make the issue go away for ever, and could end up costing you more in fees.

Can I pay the creditor directly?
Once a court order has been made, you must pay the enforcement company or agent. Sometimes people think that paying the creditor directly will stop fees being added. This isn’t true, so don’t be misled. The court order will remain in place until the debt and fees have all been paid.

I received a Notice of Enforcement while I was out, what should I do?
It’s important that you contact us as soon as you can to discuss payment.&nbsp; Our contact details can be found on this page.&nbsp; If you don’t, your case will progress to the next stage of enforcement.&nbsp; This will mean a visit from an enforcement agent, with extra fees being added to the total you owe.
You can find information on the stages of enforcement and the fees for these (set by law), within the FAQ.

My vehicle has been clamped, what should I do?
Enforcement agents have certain powers to clamp vehicles.
If your vehicle has been clamped, please contact the enforcement agent.&nbsp; Their details will be included in a notice attached to your vehicle.&nbsp; They will be able to take payment, and arrange for removal of the clamp.

What should I do if goods belong to me, and not the customer named on the court order?
The agent will ask you for proof that you own the goods in question.&nbsp; If you are unable to prove this at the time, and the enforcement agent takes control of your goods, you can provide your proof afterwards.&nbsp; The agent will pass this to our client (the creditor), and if they accept this we will release your goods back to you.&nbsp; If the creditor does not accept your proof that you own the goods you will need to ask the court to decide on this.

What is enforcement?
Enforcement is the term for using powers to make sure a debt is paid.&nbsp; These powers are given by a court order.
Laws set out what enforcement agents can do, and what the fees are. (Under the old laws, enforcement agents were known as bailiffs.) There are different stages of enforcement:
<h4><strong>Non High Court</strong></h4>
This includes:<br>Magistrates’ courts fines<br>Penalty Charge Notices issued by local authorities<br>Liability orders issued by local authorities for unpaid council tax
<h5><strong><em>Compliance stage</em></strong></h5>
A letter, called a Notice of Enforcement, is sent to the customer.&nbsp; (The law uses the word ‘debtor’, but we say customer instead.).<br>This letter tells the customer who they owe money to, and how much.&nbsp; It also sets out the fees that can be charged for enforcement.&nbsp; The letter also includes details of free debt advice that is available.
Usually, no further action will be taken for at least seven days.&nbsp; This seven days doesn’t include Sundays or bank holidays. But a court can choose to reduce this waiting time.
There is a fixed fee for this stage of enforcement.&nbsp; Further information on fees can be found within these FAQs.
<h5><strong><em>Enforcement stage</em></strong></h5>
This is the next stage after the compliance stage.&nbsp; A case will go to enforcement stage if the debt and compliance fee haven’t been paid.
At this stage, an enforcement agent will visit the customer.&nbsp; They will try to either collect payment, or take control of goods.
If the customer is out, an enforcement agent will leave something to say they have visited.
The fees for this stage of enforcement can be found within this FAQ.
<h5><strong><em>Sale or disposal stage</em></strong></h5>
When an enforcement agent visits and starts the process to move goods (your belongings)&nbsp;to somewhere they can be sold, more fees apply.
The fees for this stage of enforcement can be found within this FAQ.
<h4><strong>High Court</strong></h4>
<h5><strong><em>Compliance stage</em></strong></h5>
A letter, called a Notice of Enforcement, is sent to the customer.&nbsp; (The law uses the word ‘debtor’, but we say customer instead.).
This letter tells the customer who they owe money to, and how much.&nbsp; It also sets out the fees that can be charged for enforcement.&nbsp; The letter also includes details of free debt advice that is available.
Usually, no further action will be taken for at least seven days.&nbsp; This seven days doesn’t include Sundays or bank holidays. But a court can choose to reduce this waiting time.
There is a fixed fee for this stage of enforcement.&nbsp; Further information on fees can be found within these FAQs.
<h5><strong><em>First Enforcement stage</em></strong></h5>
The stage when an enforcement agent visits you if you haven’t replied to the Notice of Enforcement, or have asked to make a payment plan.
The fees for this stage of enforcement can be found within these FAQs.
<h5><em><strong>Second&nbsp;Enforcement stage</strong></em></h5>
This stage begins if you don’t pay in full or can’t agree a payment plan at the first enforcement stage; or if you don’t keep to a payment plan agreed at first enforcement stage; or if you don’t keep to a controlled goods agreement.
The fees for this stage of enforcement can be found within these FAQs.
<h5><strong><em>Sale or disposal stage</em></strong></h5>
When an enforcement agent visits and starts the process to move goods (your belongings)&nbsp;to somewhere they can be sold, more fees apply.
The fees for this stage of enforcement can be found within these FAQs.

I'm not the person you're looking for?
A court order only applies to the person (or business) named on it.
If somebody has moved house, but their details haven’t been updated, you might receive post meant for them.&nbsp; Please let us know.
Sometimes we are given the wrong information, for example someone might pretend they have moved house when they haven’t.&nbsp; It’s an important part of our job to check that the information we’re being told is correct.&nbsp; We’re sorry if this is a nuisance.
If you give us proof that you live at the address, we will tell our client, and update our records.&nbsp; This proof (sometimes called ‘proof of residence’) can be a copy of an up to date utility bill, tenancy agreement or council tax bill.&nbsp; If it’s easier to take a photo of these on your phone and send that to us, that’s fine.
You can email these to us at&nbsp;<a style="color: #0000ff" href="mailto:generalenquiries@marstonholdings.co.uk">generalenquiries@marstonholdings.co.uk</a>.
We will update our records, then delete or destroy the information you sent us (so please don’t send us original documents, as we can’t return these).
We have different ways of checking address information.&nbsp; If our records suggest that the person named on the court order does still live at your address, or if you have the same family name as the person named on the court order, an enforcement agent will visit you.
If a business is named on the court order, and the business it still registered at your address, an enforcement agent will need to visit.

Can I go to prison for not paying my debt?
In practice it is rare for people to be sent to prison for not paying debt.&nbsp; But not paying some debts, such as Council Tax or magistrates’ court fines can result in a prison sentence.
There is a process called ‘Committal’.&nbsp; This involves a magistrate being asked to decide whether you should be sent (committed) to prison for not paying the money you owe.
The cost of the application is £240, and would be added to the total you owe.
If the magistrate is satisfied that you have neglected, or refused, to pay the amount you owe, they will be required to send you to prison for up to 90 days.

How is enforcement regulated?
The rules about enforcement are set by law.
Laws introduced under the Tribunals, Courts and Enforcement Act 2007 set out how enforcement agents must behave, and the powers they have.
The court system, and judges, oversee how these rules are applied.
The rules of how an enforcement agent can behave are set out in The Taking Control of Goods Regulations.
Our enforcement agents also follow standards set in the government's Taking Control of Goods: National Standards. &nbsp;This is a voluntary code of conduct which can be found <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/353396/taking-control-of-goods-national-standards.pdf"><span style="color: #0000ff">here</span></a>.
We also follow standards set by industry associations, such as the Civil Enforcement Association (CIVEA). &nbsp;CIVEA represents private certificated enforcement agents in England and Wales. &nbsp;Members must follow its Code of Conduct and Good Practice Guide which can be found <a href="https://www.civea.co.uk/our-code-of-practice"><span style="color: #0000ff">here</span></a>.
The High Court Enforcement Officers Association (HCEOA) represents authorised High Court Enforcement Officers. &nbsp;HCEOA also has published a Code of Practice, which our agents also follow which can be found <a href="https://www.hceoa.org.uk/images/content/documents/best-practice-19/bestpractice2019.html"><span style="color: #0000ff">here</span></a>.
Both CIVEA and HCEOA investigate complaints about their members.&nbsp; Further details for CIVEA can be found <a href="http://www.civea.co.uk/complaints/"><span style="color: #0000ff">here&nbsp;</span></a>and for HCEOA,&nbsp;<a href="https://www.hceoa.org.uk/images/content/documents/complaints-procedure/complaints-procedure.html#p=1" target="_blank" rel="noopener"><span style="color: #0000ff">here</span>.
There are also ombudsmen, like the Local Government Ombudsman, who can look at certain types of enforcement cases.&nbsp; More information can be found on their website by clicking&nbsp;<span style="color: #0000ff"><a style="color: #0000ff" href="http://www.lgo.org.uk/make-a-complaint/" target="_blank" rel="noopener"><span style="color: #0000ff">here</span>.</a></span>

How much will you know about me and my circumstances?
When we receive a warrant, we are provided with only a small amount of information about you.&nbsp; This is mainly information on how to contact you.&nbsp;<br>&nbsp;<br>We won’t know about your current circumstances, so it’s important you tell us anything you feel we need to know that may affect your ability to pay the total amount you owe.&nbsp; We may be able to help.

What is an enforcement agent?
An enforcement agent has powers to enforce a court order. Court orders such as warrants, writs or liability orders are made when people owe money.&nbsp; These orders give the enforcement agent certain powers to remove belongings which can be sold to raise money to pay the debt owed.
Enforcement agents are approved by the court (‘certificated’) to enforce court orders.
It is a criminal offence to deliberately obstruct an enforcement agent when they are acting in their powers.&nbsp; It is also an offence to interfere with goods that an enforcement agent has taken control of – hiding, damaging or moving goods are all types of interference.
There are rules about how enforcement agents can behave. These are set out in The Taking Control of Goods Regulations, which you can find&nbsp;<span style="color: #0000ff"><a style="color: #0000ff" href="http://www.legislation.gov.uk/uksi/2013/1894/part/1/crossheading/exempt-goods/made" target="_blank" rel="noopener">here</a></span>.
An enforcement agent can visit you at any time from 6am – 9pm on any weekday, including Sundays, and religious and public holidays.&nbsp; They don’t have to tell you when they are going to visit.&nbsp; If the court gives permission, an enforcement agent might be allowed to visit outside these times.

What identification must Enforcement Agents carry?
Enforcement agents must carry their Enforcement Agent Certificate.
&nbsp;&nbsp;</div><p>&nbsp;</p><div>
Our enforcement agents also carry our company identification and wear body worn video cameras at all times.
If you were visited by an agent and they didn't provide any identification and weren't wearing a body worn video camera, please contact us and let us know as much detail as you can.&nbsp; We will try to confirm which of our Enforcement Agents is handling your case and if they did officially visit on the day you tell us about.&nbsp;&nbsp;Our contact details can be found within these FAQs.
If this has happened it could be a fraudulent person impersonating an Enforcement Agent, so it's important that you report it to the police if we haven't been able to confirm the Enforcement Agent as being genuine.

I received a hand delivered notice while I was out, what should I do
This means an Enforcement Agent has visited you. It’s important that you the contact the Enforcement Agent as soon as you can to discuss payment.
Make sure you use the telephone number written on the hand delivered notice.
If you don’t, your case will progress to the next stage of enforcement. This will mean a further visit from an enforcement agent and extra fees may be added to the total you owe.

Does the enforcement agent have to show me a copy of the court order?
Some websites will tell you that a court order isn’t valid unless you see an original or physical copy. This isn’t true, so don’t be misled.
Our enforcement agents will have a copy of the court order details on an electronic device. This meets the standards required by law. Alternatively, you can make an appointment with the court to view a copy.

What is a warrant, a writ or a liability order?
Warrants, writs and liability orders are different types of court orders.&nbsp; If you are named on a court order, it means that an application has been made to the court asking it to tell you to pay money you owe.

Why are you contacting me?
We’ve been given a court order telling us to collect money you owe. There are different types of orders, depending on who you owe money to, and why.
Warrants and liability orders are issued for debts like council tax, parking offences or criminal offences.
Some types of County Court Judgment can be passed to the High Court, where they become writs. An individual creditor or a business can apply for a CCJ if they are owed money.
Once an order has been made, enforcement agents have certain powers to recover the money owed.
Our company doesn’t buy or own any debt; we collect it for the people or organisations owed it.

Why has the amount I must pay increased?
If you didn’t pay the total you owe, including fees, then more fees might have been added. Fee information can be found within these FAQs.

Can I give authority for you to speak to somebody else on my behalf?
You can give us permission over the phone or by letter to speak to someone else. The letter must be signed by the person giving their authority. If it's over the phone, we will set up a password for you to share with the person you are happy for us to speak to. The length of time this permission lasts for depends on how it's been given.

Where is my vehicle?
Enforcement agents have certain powers to clamp and remove vehicles.&nbsp; If your vehicle has been removed, please contact the removals team. If you pay the total you owe before your vehicle is&nbsp;sold, you will be able to get your vehicle back.
To speak to one of our team to make a payment to get your vehicle back, phone <a href="tel:01992 803 030"><span style="color: #0000ff">01992 803 030</span></a>.
Our opening hours are 9am to 5pm Monday to Friday, 9am to 1pm on Saturdays.
You can also email us using&nbsp;<span style="color: #0000ff"><a style="color: #0000ff" href="mailto:goods.removed@marstongroup.co.uk"><span style="color: #0000ff">goods.removed@marstongroup.co.uk</span></a>.</span>
If you aren’t the customer named on the court order, and your vehicle has been removed, please contact us using the details above.

My belongings have been removed, how do I get them back?
If you pay the total you owe before your belongings are sold, you will be able to get your belongings back.
</div><div>&nbsp;</div><div><p>
To speak to one of our team to make a payment&nbsp;to get your belongings back, phone&nbsp;<span style="color: #0000ff"><a href="tel:01992 803 030"><span style="color: #0000ff">01992 803 030</span></a>.</span>&nbsp; Our opening hours are 9am to 5pm Monday to Friday, 9am to 1pm on Saturdays.
You can also email us using&nbsp;<span style="color: #0000ff"><a style="color: #0000ff" href="mailto:goods.removed@marstongroup.co.uk"><span style="color: #0000ff">goods.removed@marstongroup.co.uk</span></a>.</span>
If you aren’t the customer named on the court order, and your belongings have been removed, please contact us using the details above.

What happens if I ignore your letter?
It’s important that you contact us as soon as you can to discuss payment. Our contact details can be found within these FAQs. If you don’t, your case will progress to the next stage of enforcement.&nbsp; This will mean a visit from an enforcement agent, with extra fees being added to the total you owe.
You can find information on the stages of enforcement <span>and the fees for these (set by law), within these FAQs