From Court Orders to Con Artists: Navigating Enforcement Safely

County Court Judgments (CCJs) are a matter of real concern, and we address here what you should do if a CCJ is entered and what to do to protect yourself from fake enforcement agents - a scam that is on the rise.

What is a default judgment?

A default judgment is a court decision made in favour of one party because the opposing party failed to respond, or take necessary action, within a specified timeframe. This typically occurs when a defendant does not file an acknowledgment of service or a defence to court proceedings within the time limits set out in the Civil Procedure Rules 1998.

All default judgments risk financial and reputational damage, but claims for specified sums of money should be red-flagged, as these judgments are immediately registrable as CCJs.

How to prevent a CCJ?

As the old saying goes, prevention is better than cure. Insurers can prevent default judgments by implementing proactive legal and administrative strategies that ensure timely and effective responses to court proceedings.

In order to prevent CCJs, insurers should:

1. Nominate a legal panel to accept service of proceedings;
2. Have a good system in place for tracking s.152 notices;
3. Provide timely instructions to the panel firm once proceedings are served.

Where a defendant fails to respond in time, the claimant can request that the court enter judgment.

Judgment for a specified/fixed amount

When a court gives judgment for a specified sum of money, it will notify Registry Trust, which administers the Register of Judgments (Register), usually immediately, by way of an electronic data transfer. Registry Trust will add the judgment to the Register, whereupon it will be immediately visible to creditors or credit reference agencies searching the Register.

Fixed sum judgments: what to do about them?

CCJs can have serious consequences, including enforcement actions like bailiff visits, so if you’ve received a default judgment, it’s crucial to act swiftly. The law provides mechanisms to challenge or set aside such judgments, especially if you have a valid reason for not responding in time and a potentially strong defence.

When faced with a CCJ, there are usually the following options available, depending on how quickly the CCJ has been dealt with:

1. Pay the judgment in full within one calendar month and have it cancelled from the Register;
2. Pay the judgment in full outside of one calendar month and apply to have it marked as satisfied; or
3. Apply to have the judgment set aside.

In order to have a judgment set aside, unless it has been entered in error, you will need to show that your defence has reasonable prospects of success and that you have dealt with the CCJ in a timely fashion.

What happens if a CCJ is not dealt with?

If a judgment is registrable (i.e. it is for a specified sum of money), it is also immediately enforceable. In practical terms, this means that the judgment creditor may apply to the court for a number of different remedies.

In practice, the most likely methods of enforcement that you will encounter in our area of practice is the instruction of the high court enforcement officer (HCEO) or a county court bailiff to seize goods or winding up/bankruptcy proceedings, depending on whether the defendant is a company or individual.

Bailiffs at your door: real or rogue?

In 2024 alone, reports of fake bailiffs increased by 12%. CCJs are public information and fraudsters are using that to their advantage.

With the rise in scams involving individuals posing as bailiffs or enforcement agents, it's more important than ever to know how to distinguish a legitimate visit from a fraudulent one. Here's how to protect yourself.

Who are bailiffs (now called enforcement agents)?

These are professionals authorised to collect debts or enforce court orders. There are three main types:

1. County Court bailiffs – work for the County Court.
2. HCEOs – enforce High Court judgments.
3. Certificated enforcement agents – private agents authorised by the court.

How to identify a genuine enforcement agent

A legitimate enforcement agent must:

1. Provide identification – this includes a badge or ID card and proof of their authority.
2. Show documentation – they must present a notice of enforcement and details of the debt and creditor.
3. Wear a body camera – most genuine agents now wear body-worn video devices.
4. Allow verification time – they should allow you to close the door and verify their identity before proceeding. You can verify their credentials by:
   1. Calling the company they claim to represent;
   2. Checking the Certificated Bailiff Register on the Justice UK website;
   3. Contacting the High Court Enforcement Officers Association.

Red flags: signs of a fraudulent bailiff

Watch out for these warning signs:

• Pressure tactics – fraudsters create urgency, threatening immediate action. Contact is often made late on a Friday afternoon to create a sense of urgency. The caller states a further officer is actively en route to the property, which will incur an additional fee and result in the property being removed if payment is not received in full.
• Demand for immediate payment – especially if you haven’t received prior notice.
• Requests for bank details – no legitimate agent will ask for your bank account information over the phone.
• Caller provides bank details that align with digital online banking apps like Revolut or Monzo.
• Caller provides the name of the presiding judge (and sometimes suggests the payee bank account is in the judge's name.
• Lack of ID documentation or paperwork.
• Refusal to let you verify their identity. Genuine agents will never stop you from checking their identity.
• The caller provides a valid warrant number but is unable to cite the relevant court case number.

What to do if you suspect a scam

1. Do not pay immediately – never hand over money or bank details on the spot.
2. Never provide any bank details or agree to make a bank transfer payment.
3. Never commit to making a payment and request the following information from the caller:
   1. Callers' name, employer and credentials.
   2. Recipient bank account details.
   3. The court's original claim reference number for the main action that led to the enforcement.
4. Ask for ID and documentation – take photos if possible.
5. Verify their identity – use official channels to confirm.
6. Report the incident – contact Action Fraud or call 0300 123 2040.
7. End the call and contact the relevant court or CCJ issuer or nominated solicitors where they are instructed and seek confirmation that judgment has a) been entered, b) enforcement proceedings have been commenced and c) the deals provided by the caller are accurate.

Scammers rely on fear and confusion. By staying informed and vigilant, you can protect yourself and others from falling victim to fraudulent bailiffs. Always take the time to verify, and never be afraid to ask questions.

For more information or advice, please contact one of our experts in our strategic advisory or counter fraud teams.