Clock one: the enforcement agent
Regulation 9 says an agent “may not take control of goods of the debtor after the expiry of a period of 12 months beginning with the date of notice of enforcement”.
Three things can lengthen that:
- A broken repayment arrangement. If an arrangement to pay by instalments is made after the notice and then breached, the 12 months “begins with the date of the debtor’s breach”.
- A court extension. The court can extend the period by 12 months, once only, on an application by the agent or the creditor, if there were reasonable grounds for not having taken control of goods in time.
- A fresh instruction. Nothing in the regulations stops a creditor instructing an agent again later under a power that is still valid, which would mean a new notice and a new notice period.
The 12 months limits taking control of goods. If goods were taken into control within the period, for example under a controlled goods agreement, the agent’s rights over those goods continue.
Clock two: the debt
When an agent’s time runs out, or a firm hands a case back, the debt returns to the creditor. How long the creditor can keep pursuing it depends on what kind of debt it is.
| Debt | How long it can be pursued |
|---|---|
| Council tax | A council has 6 years from when the tax became due to apply for a liability order. Once it has a liability order there is no time limit on enforcing it. |
| County court judgment | A warrant of control can be issued within six years of the judgment without the court’s permission. After that the creditor needs permission. |
| Council parking penalty | A warrant of control lasts 12 months from the date it is issued. If the person has moved, a new Notice of Enforcement must be given and the warrant runs only for what is left of those 12 months. |
| Magistrates’ court fine | No limitation period. A fine stays enforceable until it is paid or the court remits it. |
| Ordinary credit debts with no judgment | Generally six years from the last payment or written acknowledgement, after which the debt is “statute barred” and cannot be enforced through the courts. |
Statute-barred rules are detailed and depend on dates. National Debtline and StepChange both publish free explanations and can check an individual case.
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Does the time limit mean the fees fall away?
An agent cannot recover fees for any stage carried out at a time when the enforcement power had stopped being exercisable. Fees properly added while the power was live remain part of what is owed.
Common questions
Will bailiffs eventually give up?
An enforcement firm’s power to take control of goods runs out 12 months after the notice, unless the clock has been restarted or extended. Firms also return cases where they cannot collect. In both situations the debt goes back to the creditor, who can use other methods.
Can a debt from more than six years ago be enforced?
It depends on the debt. A council tax liability order or a court fine has no time limit. A county court judgment more than six years old needs the court’s permission before a warrant can be issued.
How long does a writ of control last?
A High Court writ of control is valid for 12 months from the date it is issued, and the court can renew it. The separate 12-month limit from the Notice of Enforcement applies as well.
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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, regulation 9 (time limit)
- Taking Control of Goods (Fees) Regulations 2014 (as amended)
- Tribunals, Courts and Enforcement Act 2007, Schedule 12
- Civil Procedure Rules, Part 83 (writs and warrants: general provisions)
- Civil Procedure Rules, Part 75 (traffic enforcement)
- GOV.UK: Apply for a warrant of control