Introduction |
When it comes to collecting debts, getting a County Court Judgment (CCJ) is the first crucial step in recovering money from a debtor. Although county court judgments (AKA CCJs) may be legally binding, the transfer of the documentation to the High Court provides a Judgment Creditor with a better chance of turning the judgment into the cash amount. In this blog we answer this question which we are asked multiple times in a week. In fact, we have made it so easy for a judgment creditor, whether legally qualified or not to transfer a judgment, we encourage you to read this blog and then go to the link on our website to start the process.
Understanding the process of CCJ Transfer to High Court
To transfer a County Court Judgment (CCJ) to the High Court, you must apply for a “Writ of Control.” This process begins by completing Form N293A, “Request for Writ of Control,” and submitting it to the County Court that issued the original judgment. The court will then seal and return the form, which you can use to apply to the High Court for the Writ of Control. This writ authorizes High Court Enforcement Officers (HCEOs) to enforce the judgment. The transfer is advantageous for debts over £600 because HCEOs have greater enforcement powers and success rates compared to County Court bailiffs. It’s important to note that the original CCJ must not be more than six years old to be eligible for transfer.
- Form N293A: Required for the transfer process.
- Debt Threshold: The CCJ must be over £600.
- Time Limit: The original judgment must be less than six years old.
- Enforcement: High Court Enforcement Officers handle the enforcement after transfer.
Understanding the Basics | It is a County Court Judgment (CCJ) or what?
So as a starting point you can only transfer a CCJ to the High Court which is
- Over £600 in value – which can include court costs and interest
- One which is not regulated under the Consumer Credit Act 1974 (as amended)
You could ask us why these rules are in place, and the answer is frankly the Ministry of Justice deciding that High Court Enforcement shouldn’t be used for low value judgments or those where the debtor is a consumer under some form of credit agreement. You may or may not agree with the Government’s stance on this – but we have been trying for 30 years to get the Lord Chancellor to change the rules and it has all fallen on deaf ears.
For CCJ’s under £600 and those regulated by the Consumer Credit Act we offer a service to management the enforcement process using Warrants of Control and agents if we think the judgment has a good chance of being recovered. For more information on this service please speak to one of our Business Solution Advisors who will be pleased to discuss the judgment or judgments you want to enforce and offer you a solution.
You will know you have a judgment in your favour either because |
- You have reached that status in your MCOL or online court claim
- You had a hearing where the District Judge ordered that you were paid a sum of money
What we will need is the paperwork which evidences the CCJ – this may be on Form N30 or it may be a Court Order. Whatever paperwork you have you can upload it on our website and we can tell you if we need anything else.
Other Points to Watch For
Judgments from either Scotland and Northern Ireland can be enforced in the High Court but they have to go in a slightly different process – as they are not CCJs from the English and Welsh courts. Again, a Business Solutions Advisor can guide you on what is and is not possible with the judgment you have.
If you have a CCJ which you want to enforce in Scotland or Northern Ireland please speak to a Business Solutions Advisor on how we can help you transfer the judgment to our partners in Scotland or the Northern Ireland Enforcement Office.
If you have a High Court Judgment or Order then this can be enforced almost immediately in the High Court. Again, we will want to see a copy of the paperwork to assess what the Court has actually ordered and how we can help you move forward as quickly as possible with your enforcement.
Initiating the Transfer Process
To start the transfer process please go to www.shergroup.com and click on our High Court Enforcement Solutions. From there you will see our product called “CCJ Transfer” and you should click on this product and proceed to “Add to Cart.”
You will then be taken through a process of paying for the transfer of your Judgment and you should upload any documentation from your system that you have in support of your judgment which may include |
- The form of CCJ
- Trace Report information confirming the address of the Judgment Debtor
- Images from your files relating to the Judgment Debtor such as their driving licence, vehicle information, business address, home address, passport.
- If you are a landlord please send us the tenancy agreement and tenant application form (if you have one) which we can use to source important contact information for your former tenant.
- If you are a business please include your customer application form so we can see important information about your customer’s business structure and contact details.
All and any information about your Judgment Debtor can be shared with us through our secure portal and we can review this information and share with the enforcement agent on the ground. Often it will help us identify the best address to enforce a judgment and help us to find your Judgment Debtor if they are trying to evade enforcement action.
Leveraging High Court Enforcement as a Method of Enforcement
High Court Enforcement Officers and the agents who work in their name are paid on results. If they are able to collect the amount due as stated on the CCJ or a part payment then fees will be added to the amount and will be payable by the Judgment Debtor.
This means the personnel involved in High Court enforcement have a personal stake in successfully enforcing your judgment as they are only paid on results.
This contrasts sharply with the County Court system of enforcement, where county court bailiffs are employees of His Majesty’s Courts & Tribunals Service and are paid a salary regardless of whether they enforce payment or not. They are in effect civil servants and have no personal stake in recovering your funds.
This means the High Court system of enforcement is one which has a high percentage of success and more motivated people working in the system on behalf of the Judgment Creditors they serve.
What Happens When the CCJ is Transferred?
The County Court will issue a Certificate of Judgment to confirm the amount of the judgment debt outstanding – this is usually the amount of the original judgment but if you have received payments it may be less.
Either way the Certificate of Judgment is the document which confirms the amount outstanding together with any interest accrued – and this document is forwarded to the High Court by us, along with the High Court Writ of Control. This document is issued in the name of Shergroup’s CEO, Mrs Claire Sandbrook. Mrs Sandbrook is responsible for the enforcement of your judgment and the actions of the enforcement agents that work in her name. She and her TEAM ensure that all the legalities are followed. She is authorised to carry out High Court Enforcement under her licence which was granted in March 2004 by the Lord Chancellor’s Delegated Person who was a High Court judge.
Mrs Sandbrook and her TEAM are all High Court enforcement experts and they will assist you every step of the way in transferring your judgment and understanding what is happening to your judgment once it goes to enforcement agents. If you want to see the entire Shergroup TEAM in action please visit our YOUTUBE channel and watch Shergroup TV and our TV show, “Call The Bailiffs, Time to Pay Up” – see https://www.youtube.com/@shertvvideovault/featured
Summing Up
For expert guidance and support in transferring your County Court Judgment to the High Court, entrust your CCJ with the Shergroup TEAM. We have been transferring judgments since 1997 – and have had a high satisfaction rating when it comes to looking after our clients and achieving solid results.
Our team of friendly advisors will look after you, answer your questions, and help you ensure you get the right paperwork to us.
Visit our website at https://shergroup.com/ccj-free-review/ to take advantage of our free review service before you pay any fee so we can make sure you fit the criteria – or we can give you the right solution.
And if you want to send us an email contact us at hub@shergroup.com or call us on 0203 588 4240 for a no obligation chat.
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By Phone | 020 3588 4240
Website | www.shergroup.com and you can chat to us from here
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