Bailiffs call themselves an "officer"

Many bailiffs commonly refer to themselves as "officers," particularly when carrying out tasks related to a High Court Writ, adopting the title of "High Court Enforcement Officer" and often displaying clothing marked with such designations. However, it's crucial to make it clear that bailiffs do not hold formal office but rather function as enforcement agents. Any individual misrepresenting their authority in this manner is in breach of the law.

Enforcement Agents, commonly known as bailiffs, along with High Court Enforcement Officers (HCEOs), operate within specific legal frameworks.

According to section 2 of the Fraud Act 2006, falsely presenting oneself as authorised in an official capacity to recover debts is a criminal offence.

It's vital to distinguish between bailiffs tasked with enforcing High Court writs, who are formally recognised as High Court Enforcement Agents, and those responsible for enforcing other debts, who are simply referred to as Enforcement Agents.

Instances of such misrepresentation should be immediately reported to the police.

The responsibilities of an enforcement agent are outlined in section 63 of the Tribunals Courts and Enforcement Act 2007, and individuals can verify the credentials of Certificated Enforcement Agents through the online public register.

High Court Enforcement Officers typically engage in fieldwork only if they hold an enforcement certificate as per section 63 of the Tribunals Courts and Enforcement Act 2007, and if the case involves a significant debt with a high probability of successful recovery. Their position is governed by Regulation 6 of the High Court Enforcement Officers Regulations 2004. Information about certified High Court Enforcement Officers can be found in the directory on the website of the High Court Enforcement Officers Association Limited, although membership in this association is not obligatory.

The Law:

Section 2 of the Fraud Act 2006 states:

Fraud by false representation

(1)A person is in breach of this section if he

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss

(2)A representation is false if

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

(3)"Representation" means any representation as to fact or law, including a representation as to the state of mind of—
(a)the person making the representation, or

(b)any other person.

(4)A representation may be express or implied.

(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).