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It’s time to take decisive action and reclaim what is owed. The fourth stage of the debt recovery process provides you with all the tools necessary for initiating enforcement against those who owe money, so start getting your due today! When all other debt recovery efforts have failed, you may be required to take decisive action and commence a process of enforcement against delinquent individuals or organisations.

Formal enforcement from the authorities can take two forms: an Enforcement Notice or a Breach of Conditions Notice. Ignoring either will result in being charged with a crime. To ensure fairness, appropriate measures are taken depending on the severity of planning violations committed.

What is Enforcement Action?

For individuals and organisations that fail to comply with court orders, enforcement action is a common remedy. This involves collecting financial compensation in the form of money from those who are unwilling or unable to abide by their legal obligations. Court-ordered fines are part of a range of enforcement actions that can be taken to ensure those who breach the law face financial repercussions.

Non-compliance with an Enforcement Notice or Breach of Conditions Notice can have serious consequences, ranging from administrative penalties up to criminal prosecution. We take this matter very seriously and any action taken is tailored to the severity of the breach itself.

Our legal team always looks to consider retrospective planning applications first, but if the outcome is unfavourable or a request is dismissed we then explore enforcement options. Knowing when and how to take formal action comes down to assessing the severity of infringement – though wherever possible our preference would be for approaching matters informally.

To ensure compliance with regulations, we have the ability to implement enforcement action. This could involve issuing a notice requiring any unauthorised work or activities be ceased within an allocated timeframe for best results.

Those given an enforcement notice have the option to either comply with or contest it. The decision rests in their hands, and depending on which path is chosen can determine how a situation plays out – so pick wisely:

  • To maintain compliance, meet the expectations outlined in the enforcement notice.
  • Take swift action and make an appeal to the Secretary of State for Communities and Local Government within 28 days in order to halt any requirements put forth by an enforcement notice.
  • Do not wait or allow your goals to be stalled – take prompt steps with a well-timed challenge!

You have multiple ways to recover your money if someone else has a legal obligation to pay you. These include using a court judgment, getting an enforcement order and appointing receivers or liquidators who specialize in collecting debt payments.

Option 1: Warrant of Control

Option 2: Writ of Control

Option 3: Order to Obtain Information

Option 4: Attachment of Earnings Order

Option 5: Charging Order

Option 6: Third Party Debt Order

If all other forms of debt recovery have been unsuccessful and you are owed money by an individual or organisation that is insolvent, your next step should be to consider a process under the Insolvency Law. Options include issuing statutory demands for personal debtor cases or pre-winding up letters in corporate matters; alternatively, one could apply for bankruptcy (for individuals) or file a winding-up petition on companies.

How is Enforcement Action Commenced?

Taking legal action begins with presenting the court order in various forms, so as to ensure appropriate enforcement.

Do you need a Solicitor to Commence Enforcement Action?

Taking legal action doesn’t require a solicitor, but having an experienced professional on your side could mean the difference between success and failure. With their expertise helping you navigate the process, there’s a much better chance of recouping what is owed to you.

How much does it cost to Commence Enforcement Action?

Are you owed money by an individual or organisation that refuses to pay up? Our experienced Business Advisors can help. For a fixed fee, we’ll provide enforcement action – and the cost could be recouped from those who owe you if successful! We take care of pricing too so all it takes is some simple instructions through our website form and soon your debt might just disappear.

How to Instruct Shergroup to Commence Enforcement Action?

You can instruct us to commence enforcement action by filling up your details on our contact us form or mailing us at [email protected] or calling us on 020 3588 4240.

How quickly will Shergroup Process Enforcement?

No need to wait around! At 4.00 pm we’re ready and waiting, ensuring your request is processed before the day’s end — fast-tracking it through our expert system with ease.

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Last updated | 19 July 2023

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