When a payment offer is turned down, it can feel like there is no way forward. In practice there are several separate routes, and each one operates independently of the enforcement firm’s decision. Understanding who controls each route makes it easier to see what is still open.
What the law says about payment arrangements
The Taking Control of Goods Regulations 2013 set out what a controlled goods agreement must contain and how it works, but they do not require a firm to accept one. A controlled goods agreement is a written plan under which goods stay in the home while instalments are paid. Before any visit, a similar plan is called a repayment arrangement. In both cases the decision to agree is the firm’s alone.
Firms are expected by the Enforcement Conduct Board’s standards to consider affordable offers, particularly where vulnerability is involved, but that expectation does not carry the force of a legal obligation to accept any particular offer.
Costs continue while the offer is being considered or refused
With a car or without one, for most debts £79 is added when the notice is sent and £247 on the first visit. A refused arrangement does not pause the enforcement process or freeze the fees.
Route 1: go to the creditor directly
The enforcement firm acts on the creditor’s instructions. The creditor — a council, a court, HMRC or another body — can choose to accept payment directly, withdraw the case from the firm, or agree terms that the firm is then bound to apply. Whether to do so is entirely the creditor’s decision, not the firm’s.
Councils sometimes take a debt back where they learn that a household is vulnerable or that a direct arrangement is workable. The creditor’s willingness to engage may depend on what information they have about the person’s circumstances, which is one reason a debt adviser can be useful at this stage.
The debt itself is not cancelled if the firm stops acting. It goes back to the creditor, who has other ways to collect it.
Route 2: contact a free debt advice service
Citizens Advice, StepChange, National Debtline and MoneyHelper all give free debt advice. Their advisers can speak to an enforcement firm or a creditor on someone’s behalf, which often produces a different response than an individual caller receives. They can also consider whether any of the formal routes below are available.
Since 1 May 2026, if a debt advice provider asks before the first 14 clear days of the notice period have passed, the notice period must be extended to at least 28 clear days. That extension creates time before the enforcement process moves on.
A debt adviser can also apply for Breathing Space, which pauses enforcement action and the adding of fees for up to 60 days while a longer-term position is worked out. Court fines are not covered by Breathing Space.
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Route 3: apply to the court (where the debt is a judgment)
This route is only available where the debt behind the enforcement is a court judgment. It does not apply to council tax, parking penalties or court fines, which follow different processes.
Court application available for
- A county court judgment enforced by a warrant of control — form N245 asks the court to suspend the warrant and set affordable payments
- A High Court judgment enforced by a writ of control — form N244 asks for a stay of execution
- A judgment that should not have been made, for example because the claim form went to a previous address — an application to set it aside
Court application not available for
- Council tax liability orders
- Parking and traffic penalties (a separate Traffic Enforcement Centre process applies — see /parking-fine-bailiffs/)
- Magistrates’ court fines
An application on form N245 carries a court fee of £16 to vary or suspend a warrant. An application on notice using form N244 costs £321 from 13 July 2026. Help with fees may be available depending on income and savings. County court bailiffs and warrants of control explains the N245 process in more detail.
What happens if no arrangement is agreed
If none of the routes above produces an agreement, the enforcement process continues. An agent can attend, list goods and, if a controlled goods agreement is then signed at the visit, the arrangement is made at that stage. If no agreement is reached at all and no goods are taken, the firm may return the case to the creditor.
Goods are taken away in a small share of cases: 2,624 of almost 3.7 million in January to June 2025, most often a clamped vehicle. What happens far more often, with a car or without one, is cost. Of the cases that ended in payment in that period, 64% were paid at the enforcement stage or later, after an agent’s first visit had added the larger fee. The average fee collected on a case paid in full was £201, on the lower fees then in force.
With a car or without one, for most debts £79 is added when the notice is sent and £247 on the first visit. Refusing an arrangement does not stop those fees accumulating. The bailiff fees calculator shows the full fee position at each stage for a given debt.
If the firm’s conduct is the problem
If an agent has behaved incorrectly — for example by refusing to consider an offer where the person is vulnerable, or by making demands for fees that are not owed — a complaint can go to the firm, to the creditor, and then to the Enforcement Conduct Board for accredited firms. A complaint does not automatically pause enforcement, but a firm or creditor may choose to hold the case while it is reviewed.
Where someone is vulnerable, the rules give additional protections, including that the enforcement stage fee and related costs are not recoverable unless the debtor has been given an adequate opportunity to get advice before goods are removed.
Can bailiffs refuse any payment plan they want?
Yes. There is no legal rule that requires an enforcement firm to accept an instalment offer. The firm’s decision is final on its own terms, but the creditor and the court (for judgment debts) each have independent powers that do not depend on the firm’s agreement.
What if I can’t afford to pay the full amount the bailiff wants?
A free debt adviser at Citizens Advice, StepChange, National Debtline or MoneyHelper can contact the firm or creditor on someone’s behalf and consider formal options such as Breathing Space or, for judgment debts, a court application. Enforcement firms are expected to consider vulnerability and ability to pay under the Enforcement Conduct Board’s standards.
Can the creditor accept payment if the bailiff refuses?
The creditor can choose to accept direct payment or withdraw the case from the enforcement firm. Whether to do so is the creditor’s decision. The compliance fee, and any fees already added, will generally still be owed.
Does refusing a payment plan stop the bailiff adding fees?
No. For most debts £79 is added when the notice is sent and £247 on the first visit. These fees accrue according to the stage reached, not according to whether an arrangement was offered or refused. The bailiff fees page sets out the full scale.
Can I apply to court to set up a payment plan against the bailiff’s wishes?
Only where the debt is a county court or High Court judgment. Form N245 applies to a county court warrant of control and asks the court to suspend it and fix affordable payments. This route does not exist for council tax, parking penalties or magistrates’ court fines.
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Free debt advice is available
These organisations give free, impartial debt advice and are independent of Bailiff Support Team. Nobody has to use a paid or commercial service to get help with their debts, and using one of the free services does not reduce the options available. Their advisers can also ask an enforcement firm to extend a notice period or apply for Breathing Space where it fits.
- MoneyHelperGovernment-backed. Finds a free debt adviser nearby or online.
- StepChange Debt CharityFree debt advice online and by phone.
- Citizens AdviceDetailed help with bailiffs, online and in person.
- National DebtlineFree advice and sample letters, run by the Money Advice Trust.
Sources
- Taking Control of Goods Regulations 2013, regulations 14 and 15 (controlled goods agreements)
- Taking Control of Goods (Fees) Regulations 2014 (as amended)
- Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 (SI 2026/366)
- Enforcement Conduct Board: Insight Report 2026 (data for January to June 2025)
- Enforcement Conduct Board: Standards
- GOV.UK: Breathing Space (Debt Respite Scheme)
