09 June 2025
The Ministry of Justice (MOJ) has today published its response to the 2023 consultation on Taking Control of Goods regulations, outlining a series of significant reforms aimed at modernising and clarifying enforcement processes in England and Wales.
Key Reforms to Be Introduced:
The Government has confirmed it will pursue the following legislative changes:
- Extended Notice Periods: The minimum notice period before Enforcement Agents (EAs) and High Court Enforcement Officers (HCEOs) can proceed from compliance to enforcement will be extended to 14 clear days. This can be extended to a maximum of 28 days if requested by a debt adviser.
- Payment by Instalments: The law will be amended to explicitly allow EAs and HCEOs to agree instalment plans at the compliance stage, providing more flexibility for debtors.
- Fee Clarity: Clarification will be added to legislation to make it clearer when the enforcement stage two fee may be recovered under the High Court enforcement fee scale.
- Creditor Payment Restrictions: Updates to the Taking Control of Goods: National Standards will prohibit creditors from receiving additional payments or profit-sharing related to fees charged by enforcement agents.
Additionally, the Government has confirmed a 5% uplift in recoverable fees for EAs and HCEOs to support the ongoing sustainability of the enforcement sector.
In a ministerial statement, Sarah Sackman KC MP, Minister of State for Courts and Legal Services, said:
“Rights only exist if they can be enforced. That requires us to have an effective enforcement system—one which makes securing court awards straightforward and timely, while treating those who owe money with dignity. A fair and stable enforcement system is one that can deliver better outcomes for all.”
A Statutory Instrument will be laid in Parliament to implement these reforms and the associated fee uplift as soon as time allows.
Carole Kenney, Welfare, Road Traffic and Road User Charging Director at CDER comments:
“This balanced package of measures promotes fairness for both the enforcement sector and those subject to enforcement. We look forward to continued collaboration with key stakeholders to uphold high standards and protect vulnerable individuals across the industry.”
Full details here: https://www.gov.uk
Alongside the announced reforms, the MOJ has also launched a new consultation focused on the regulatory framework overseeing the use of the Taking Control of Goods procedure. Read more here.
