FAQs - Your Questions Answered By Our Experts

Does my County Court Judgment (CCJ) or Order become a High Court Order?

Unless it has originated from the High Court then no, it is transferred for the purpose of enforcement only. All judicial matters are referred back to the county court.

How quickly will an enforcement officer attend the address as directed?

We try to attend within five working days.

Can entry be forced into premises?

Domestic:

We are not allowed to force entry to a dwelling unless peaceable entry has been achieved previously. We are allowed to try the door and walk in or go through an open window but not force a window or door. We can force entry to any out buildings and this includes garages, but they must no to attached to the main house.

Commercial Premises:

Yes, we would need to establish there are goods of the defendant within and this is done by local enquiries.

What is a walking possession agreement?

This is where the Officer makes a list of goods belonging to the defendant and allows the good to remain on the premises. Where negotiations are underway we always try to bind the goods to the Court Order, protecting the goods and establishing priority if there are other creditors around.

Director's home addresses

We are allowed to go anywhere in England and Wales to enforce the writ, however we are only allowed to seize goods of the defendant. Should the director be working from home we would attend to establish if there are any goods and make contact regarding settlement.

If goods are removed where will they be sold?

We sell goods through Auction houses, should the goods be specialised we use the appropriate auctioneer. In very rear cases we can apply to court for an Order to sell by private treaty, where we can sell goods outside an auctioneer.

Why are you asking for an Indemnity?

If there is the possibility of the goods being returned we need to know that any costs incurred will be covered by the claimant, the amount is an estimate of the costs of removal and storage. It is very rare we call upon an indemnity, no money is required up front, just the assurance it is in place.

If the goods removed are sold and they do not cover the full balence, what happens next?

Should this occur we would try and make contact with the defendant to arrange a payment plan for the balance. Should this fail we will make a formal return on the warrant that goods have been sold and there are no other goods.

How quickly will I get payment?

15 days from payment, under the Insolvency Rules, we are directed to hold any money for 14 days and this applies to companies and individuals.

If the defendant makes an application to set judgment aside can you continue enforcement?

Yes they need a stay of execution to stop our actions from continuing. We would be in contact with you at this point to avoid any unnecessary costs.

The abortive Fee

The abortive fee is where we have not been able to collect the money. We give 100% effort to get you your money but there are a number of reasons, which prevent it, these ranging from death to no goods. This fee is to cover our expenses for administration, fuel, Officers visits and payment of levies we have to pay.

The fee has not increased for many years despite the soaring costs needed to enforce warrants and is still set at £60 plus VAT.

The only time this is exceeded is where additional costs have been incurred for locksmith/ removal or other contractors. This is very rare and you would have been advised.

How long does my warrant last?

12 months, after this period an application has to be made to the court to have the warrant extended. We can complete the relevant paperwork for your application at now extra charge. You will then have to pay HMCTS a further application fee of £45:00 to seal the extension.

On instalments, why do you retain part of my money?

The figure given to the defendant is inclusive of our costs and Under the High Court Enforcement Officers Regulations 2004, the High Court Enforcement Officer has first charge on money recovered as regards to costs.

This said we have only retained 35% of the recovered amount towards our costs. These costs have been added to your judgement and are payable by the defendant. You therefore have/will received 65% of the money recovered as part payment.

Once our costs have been recovered, then any instalments are paid over in full. This ensures that you receive the majority of the amount recovered and we can cover operational expenses.

Ultimately you will receive your amount in full through the course of any agreed payment plan, plus any interest which will continue on any outstanding balance and added to the total amount due to you.

Why does the Insolvency Rule affect me?

Due to regulations we have to hold any money for 14 days, Insolvency Act 1986 Section 184 (3) and under Insolvency Act 1986 Section 346 (4) (a) ‘shall not dispose of the balance mentioned in subsection (3) at any time within the period of 14 days so mentioned’.

Once this period has passed the money can be released.

I have a question that is not listed?

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If you have any further questions please do not hesitate to contact us on 01274 391929 or 01274 721711.