High Court Enforcement Officer
without a levy, his POWERS OF ENTRY are the same as
a common debt collector.
An HCEO cannot even set foot inside your front
door without your permission - Section 7 of the
Law Of Distress Amendment Act 1888 and
Rai & Rai v Birmingham City Council
They are not certificated bailiffs, but
they CAN levy on goods outside your property
including your vehicle.
HCEO's believe that by issuing a Form 55 notice
of seizure gives them a right to return later and
break into homes to recover the goods listed on the
notice. This is not true.
regulation 15 walking-possession agreement must
be signed by the debtor otherwise the HCEO becomes
liable under the
Criminal Damage Act 1971 if he breaks into a
property without a valid levy over goods inside.
Khazanchi vs Faircharm Investments
And if the walking-possession agreement has been
signed by another person without the debtor's
knowledge or permission, the levy is invalid
Lumsden v Burnett  2 QB 177.
See checklist to see whether the
levy is valid and there is a further list of
case law an HCEO must comply with when levying
If an HCEO issues a Form 55 notice of seizure
and leaves the premises without taking the goods,
it becomes an
abandoned levy, otherwise he can leave a person
on the premises until the goods have been removed.
This is called Close Possession and is rarely done
There are lots of further
case law on powers of entry without a valid