High Court Enforcement
High Court enforcement refers to the process of enforcing a judgment or order of the High Court in England and Wales. The High Court is the highest civil court in the country, and its judgments and orders are legally binding and enforceable.
When a person or organization is owed money or entitled to some other form of relief, they can pursue a judgment or order from the High Court. Once obtained, the judgment creditor (the party awarded the judgment or order) assumes the responsibility of enforcing it against the judgment debtor (the party owing the money or required to comply with the order).
- High Court Enforcement Officers are regulated by the High Court Enforcement Officers Association (HCEOA) and must adhere to strict codes of conduct and legal procedures.
- High Court Enforcement is often used for recovering large sums of money owed by individuals or businesses, as well as for repossessing properties and enforcing possession orders.
Twenty years ago, UK High Court Enforcement Officers weren’t even on the radar of policy officials who were going to axe their predecessors, Under high court Sheriffs and Sheriff’s Officers, from the England and Welsh legal system. Research evidence was emerging from Warwick University that the county court enforcement was not meeting the expectations of users.
What is the High Court?
We are a top firm of Authorised High Court Enforcement Officers in London , UK, with offices across England and Wales. We provide support for lawyers as well businesses ranging from debt collection agencies to local authorities – all the way down to small individual landlords who need our help!
Hiring our team to enforce a money judgment, evict squatters or tenants and recover assets can be the difference between winning your case entirely. We’re here for all of these reasons- ready when you need us most!
The legal system in England and Wales allows creditors to make claims on your owed money through either county courts or high court. If you have been taken to court by your creditors, then the County Court is where things will happen. The proceedings may be familiar because we wrote about them in our self-help pack or this could just confirm what has happened previously from reading up on legal issues related to debt recovery schemes before it’s too late!
The county court and high-court procedures are the same, but there is a difference in enforcement. If you have questions about how to enforce your judgment or order with someone who doesn’t comply then contact us – our advisors will be happy to help!
The High Court is one of the highest courts in England, with its seat being located at The Royal Courts Of Justice. It has authority over all other courts within Great Britain and hears cases that affect the life or property ownership interest transcending national boundaries.
The high court system operates through district registries which are usually found inside larger towns where county hearing centres exist as well.
High Court procedures, from the matter of the claim, up to the court making a judgment, are the same as in the County Court. However, there are important differences between enforcement procedures in the two courts.
High Court enforcement Fact sheet
The High Court is an excellent option for people who owe money and want to avoid the stress involved with taking action against their creditors. High Court proceedings can be complicated, but this fact sheet explains what you need to do step by step.
- Have you been threatened with court action over your debts? You may want to speak with an attorney about the possibility of appealing or seeking repayment arrangements.
CCJs (County Court Judgments) can be enforced in higher courts, causing significant challenges for individuals who are unable to repay their debts. It is crucial not to passively consent without conducting proper research on available options to address the situation effectively. - When the high court enforcement officer comes to take your stuff, you have a few rights.
- The High Court has the power to stop any individual or company acting as an “enforcement officer” from carrying out its orders. The High Court possesses the authority to prohibit individuals or companies acting as “enforcement officers” from executing its orders. This implies that if someone pursues legal actions like bankruptcy committal bids, these individuals can intervene and prevent them from taking action against you. As a result, your assets will be safeguarded by law if such intervention occurs.
- In the event you have been ordered to pay a creditor, find out other ways they can enforce their high court judgment against you.
Changes to bailiff law
The Law on Bailiffs changed in 2014, and this fact sheet is based on our understanding of the new rules. Some bailiffs may interpret the new rules differently. It is not yet clear how these changes will be applied in practice, which means you should contact us if you are unsure about any action they take on behalf of “the powers that be.”
Virtual Controlled Goods Agreement
HCEOs in London UK are contacting you by telephone or letter, asking you to make a non-entry controlled agreement (CGA) when they initially contact you. This is in order for them not to have to come to visit your property but instead do it online so that there’s less risk of theft while the agent monitors everything from their office away!
- Enforcement agents cannot forcibly enter your premises if you are engaged in a virtual Controlled Goods Agreement (CGA). Typically, enforcement agents can collect various types of city-county court or high-court judgments during a home visit. However, it is important to have a prior discussion about this matter before entering into any agreement. We maintain a professional and informative tone to ensure clarity and provide you with the necessary information.
- The decision to enter into a virtual or non-entry CGA will depend on your personal situation. There are potential advantages and disadvantages with both options, so it’s important that you carefully consider the pros and cons before making any etched choices!
- The bailiff may come to your home and you don’t want that. A virtual CGA is an option if the money available on your budget can sustain it because there’s no need for a homeowner or their agent to have extra fees associated with having someone else enter into property ownership transactions in addition to their own costs – which could get expensive fast!
- The virtual CGA is a bad idea if you cannot meet all of the payments agreed upon with HCEO. The HCEA may apply for a warrant to force entry into your home should missed one payment happen, which could lead to many other complications such as bankruptcy or foreclosure on properties owed money by family members who live abroad without knowledge about these situations until it’s too late!
If you are looking for advice about whether to make a CGA contact, we can help!
Become a high court enforcement agent
To become an Authorised High Court Enforcement agents in the London UK you must first pass the rigorous training course which takes 2 years. Then, once qualified there is no short cut or intensive class to gain experience as their are apprenticeships on offer for at least 3+ years with an HCEOs before being eligible in this role!
The High Court Enforcement Officer’s regulations can be found here!
You’ll find them at legislation.gov UK, along with many other government departments and agencies that are relevant to your search needs as an individual or company in England & Wales (this includes Northern Ireland too).
Among the many hurdles to becoming an HCEOA member is a full Membership in one of Britain’s most prestigious professional bodies – The UK High Court Enforcement Officers Association (HCEOA).
In order to become a fully qualified member of the Enforcement Industry, you should first be accepted as an active student with experience as an enforcement agent or writing control. You’ll need at least Level 3 qualification for taking control over goods law credit management and then work towards achieving higher levels through completing various courses such as training contracts inside their organization.
Enforcement Agents who want to get into the industry should consider taking IES Training.
The HCEOA offers a rigorous training program for those who have completed their Level 3 study. As an aspiring chiropractor, you can join as a Student Member and get started on this exciting journey!
You would need to join the Chartered Institute of Credit Management (CICM) and begin your studies. The Course consists of 8 Assignment-based Exams, which are each 1 hour long; this is followed by a Level 4 Diploma exam at the conclusion for those who pass them all!
If you’re lucky enough to have found employment with an AHCEO and they offer training contracts, it is essential that your logbook be completed correctly in order for them to accept the contract.
Once all the requirements are met, you will be able to apply for Associate Membership of The HCEOA. This allows us one step closer to becoming fully Authorised by Lord Chancellors’ Office with full HCEOA privileges!
The High Court Enforcement Officers Regulations 2004
Individuals seeking enforcement officer authorisation must comply with these Regulations, which are set out in the Courts Act 2003. Applicants should be aware of district boundaries specified by Schedule 1 and that references to the Lord Chancellor include any person acting on his behalf as outlined in Schedule 7. Additionally, writs of execution do not pertain to a writ of sequestration or matters concerning ecclesiastical property. These regulations define the requirements for those seeking to become enforcement officers. An application must be made and approved by the Lord Chancellor, or someone acting on their behalf, in order to qualify. Further qualifications dictate that a writ of execution is not included amongst sequestration nor with the ecclesiastical property.
In order to ensure writs of execution are carried out with due diligence, England and Wales have been divided into 104 districts according to their respective postal areas.
Residential landlords and agents
The process of evicting a tenant can be difficult, but it’s not impossible. You will need to follow the proper channels and steps in order for your residential property manager or landlord-tenant relationship never to break down again! The High Court is the quickest way to get back into your property once you have been evicted.
The four steps to a residential eviction are often complex and ever-changing. You should seek reputable legal advice, as it is crucial that you follow all legislation regarding the property in question because an improper procedure can lead your landlord to a merry dance with law enforcement officers!
- You must serve a notice to end your tenancy in the right way. The first step is preparing and personally delivering it, which you should do with care because this could be considered an important document for both parties involved!
- You can start possession proceedings at the county court if you believe that your ex-partner is violating their separation agreement.
- Obtain a court order for possession
- Obtain possession – eviction of the tenant
Shergroup is among the best high court enforcement agencies in London, UK will assist you with the eviction of your tenant, but we need to know whether or not an Order for Possession has been granted by a court. If there are no legal proceedings currently underway then it is best that Shergoup proceed as such and get this transfer done before starting any evictions.
If however-the situation does call upon their services in order to continue with respect towards landlord/tenant laws here at home countrywide (or wherever), they’re more than happy to help out where necessary; especially if said client needs assistance preparing documents like Possession orders & Eviction Notices which can come straight off.
To start the process of evicting your tenant, we need to know if you have obtained a Possession Order and permission from the court. If not then please contact us for assistance with the paperwork transfer that will allow this person to be removed from their home.
CCJs – County Court Judgement
Your creditor has the right to apply for a writ of control in County Court if you made your judgment there.
A creditor can ask that their debt be handled by judicial remedies like obtaining an order from the court allowing them access or collecting any amounts owed through this means, which may include taking property as security.
The creditor may apply for a writ of control if you were judgment in the County Court.
- If you owe £600 or more on your CCJ, we can send a letter of demand to the bank immediately.
- The debt is not regulated by the Consumer Credit Act 1974. This means that it can be more difficult for you to get out of your agreement, but there are some rules in place which should make things easier!
- Your failure to pay the CCJ as ordered by this Court has caused significant delays and is thereby a Cause for Concern.
The creditor must apply for a writ of control if:
- The creditor wants to take legal action against you because of an unpaid debt.
- The amount owed under a CCJ is £5,000 or more.
- The debt is not regulated by the Consumer Credit Act 1974. This means that you could be making payments on an account for 30 years and still owe more than when it was first started!
- You are in arrears with the CCJ.
Check your agreement
The Consumer Credit Act 1974 is the law that regulates how commercial credit agreements are formed. You should make sure your contract with creditors follows these guidelines to avoid any unwanted surprises in future, so check if it’s been certified by an expert before signing!
Enforcing CCJs in the High Court
If a creditor has a CCJ against you, they may be able to enforce it in the High Court by taking control of goods.
‘Taking control of goods’ means High Court Enforcement Officers (HCEOs) or groups in UK encouraging you. HCEOs are High Court bailiffs. If the HCEOs obtain entry, they may list your goods and demand you to sign a ‘controlled goods agreement.
The creditor may be able to enforce the judgment by taking control of your goods. Business and trade creditors are likely to do this because their debts aren’t covered under the Consumer Credit Act of 1974
Creditors can also sometimes collect unpaid nursery fees, funeral charges or even water bills if these types fall outside the protection offered by that law–which makes sense since there’s no point in having credit cards for things which you might never use again!
“Taking control of goods” involves High Court Enforcement Sheriffs (HCEOs) visiting you. If the HCEO gains entry, they will list your assets and ask that all pertinent information be given Signing a ‘controlled Goods Agreement’ allows for usage while signed on as well. The goods listed on your controlled substances agreement can be removed and sold if you do not pay for them. In some situations, they may even be taken away right away or locked up in a room at home until payment is made – which could lead to all sorts of problems!
Consumer credit-regulated debts
You may be surprised to learn that your creditor cannot enforce a judgment in the High Court if it’s covered by the Consumer Credit Act 1974. This act gives consumers protection against unfair practices when dealing with credit companies, so make sure you know what rights and remedies are available before entering into any contract or paying off an old debt!
Breathing Space
However, if you need time to get debt advice and find a high court enforcement solutions in London, UK for your debts then it might be worth applying for breathing space. Breathing space will stop most types of enforcement from happening which is great because we all know how much they hurt! It also means no more interest or charging while waiting on the outcome- just wait 60 days before taking action again when things have cooled off some more.
Apply for breathing space to stop most types of enforcement and interest charges if you need time.
Breathing space will give your family the break they deserve before lenders take their last penny!
Enforcing a County Court Judgment
The UK High Court Enforcement group and agent is able to enforce County court judgments (CCJs) over 600 pounds by transferring them up to the higher courts.
When a person commits an offence in England or Wales, they may be subject to the jurisdiction of either one. For example: if someone steals something worth less than £600 then it would likely only appear on their records as occurring within County Court Judgement (CCJ) limits; however, should that same act happen outside those boundaries – say somebody stole £6 billion from The National Gallery–the HCEO would have no power whatsoever with respect to transactions happening beyond CCJs.
How a High Court Enforcement Officer can help you?
Most people are unaware that a County Court Judgment is only the first part of getting your money back. The judgment has to be enforced and collected, which can often take years!
High Court Enforcement in London is the best option for collecting your money. It’s like having an extra set of hands that can work quickly and only charge fees when they’re successful in getting what you owe, which means these bailiffs operate outside normal business hours (and even on weekends!)
What types of work does a High Court Enforcement Officer do?
- Enforce High Court judgments
- Enforce County Court judgments over £600 that have been transferred to the High Court
- Enforce Employment Tribunal and ACAS awards
- Enforce Orders for possession for the recovery of property.
- Enforce Orders for Delivery t
High court judgments
If your judgment was obtained in the High Court, the creditor can apply for a writ of control:
- As soon as the judgment has been gained, unless you have applied for a stay of execution; or
- As soon as a payment enhances overdue under the terms of a stay of execution.
If a creditor requires to utilise a writ of control to enforce a CCJ or high court judgment, it will automatically be assigned by the High Court unless six years or more have passed since the date of judgment. A writ of control is legitimate for 12 months and can be renewed by the creditor.
The creditor will give a stamped copy of the writ to the HCEO. The HCEO will usually work to take goods quite quickly after the issue of the writ.
Advance warning
The debtor will receive advance notice from the HCEO that they plan to take control of your goods. When the debtor receives the notice, he can pay the money via HCEO, or directly to the creditor, before the HCEO attempts to take control of your goods.
Stay of execution
A ‘stay of execution’ is an order given by the High Court which holds HCEOs acting as long as they meet specific conditions, such as paying the debt by set instalments.
Why use the High Court?
- Statutorily, creditors are able to charge interest on debts in addition to the initial debt. The current rate of 8% per year was first established back when these types of transactions had low levels and are not due solely because it has increased over time; rather this was intended as a way for people who owed money but didn’t know or forget about their obligations under the law (such as borrowers)
The high court judgment obtained by creditors will allow them legally binding power over our finances with no room left to upstart renegotiating terms like better offers come along soon enough. - The High Court can also enforce judgment- either by way of attachment or otherwise -in cases where interest has been unpaid on a CCJ. If this happens, it will be applied from the date when enforcement proceedings begin in order for people who owe money to pay up!
- HCEOs are often more difficult to negotiate with than county court bailiffs.
- The fees that an HCEO can charge are higher than those for county court bailiffs. See the section on “HCEO Fees.”
Can HCEOs enter my premises?
There are certain circumstances where you may need to let a home inspection firm into your house. If all three of these points apply, then it’s best for them in!
- They’ve taken control of your goods inside the home, either by securing them on-site or making a controlled conveyance agreement (CGA).
- Break the CGA! If you made a payment on your HCEO, it’s time to break that agreement.
- The customer has given you two days’ notice that they are coming to inspect or take these goods.
The HCEOs should not enter through the window, but it is a good idea to keep your doors locked. HCEOs can take control of your vehicle, so if you have a garage it should be locked. If not then they may clamp and possibly remove the car from where ever it’s parked on site!
When you’re parking your car on public roads, it’s important to be mindful of the HCEOs. If they find out about this then there could potentially be a forced entry into our vehicle and removal through clamping or even worse – seizure! Contact us right away if needed so that we can help keep things legal for both parties involved.
When you’re parking your car on public roads, it’s important to be mindful of the HCEOs. If they find out about this then there could potentially be a forced entry into our vehicle and removal through clamping or even worse – seizure! Contact us right away if needed so that we can help keep things legal for both parties involved.
Can a High Court Enforcement Officer Force Entry into Your Home? A Legal Guide
As a homeowner, it’s natural to feel protective of your property. The thought of someone forcing their way into your home can be frightening, especially if you’re unsure of your legal rights. This is where a High Court Sheriffs comes in. HCEOs are authorized to enforce certain court orders, such as the collection of debts and the seizure of assets. But can they force entry into your home? The answer is not a simple one, as there are several factors that come into play. In this legal guide, we’ll explore the circumstances under which an HCEO can force entry into your home, your rights as a homeowner, and what to do if you find yourself in this situation. So, whether you’re dealing with debt collection, repossession, or any other legal matter that involves an HCEO, keep reading to learn everything you need to know to protect yourself and your home.
Which claims can be dealt with
The Consumer Credit Act 1974 regulates the relationship between creditors and borrowers. If you have an agreement with one of these lenders, they must make claims against your household in County Court (or Wales).
The High Court is often the first stop for people seeking to enforce their county court judgments. It can be used by creditors who have claims over £100,000 and are not governed by The Consumer Credit Act 1974 (or any other law).
There are many reasons why cases should be heard in the High Court, such as when there could potentially be a breach of human rights or if someone’s life is at risk.
- The amount of money in dispute is large, and there’s been a significant disagreement about it.
- the case is complex, or
- the result could be very important to the public.
Instruct Shergroup for High Court Enforcement
When you need a lawyer who can protect both your reputation and the company’s, call High Court Enforcement in London UK. With over years of experience in legal matters like this one, we ensure that no matter what happens at court or how many times someone tries to fight back against us-we’ll always be there for YOU!
Traveller Removal
When you instruct us to send a Legal Notice, our team will generate and serve the required document within 24 hours. The notice gives them time enough for their departure after being notified of its arrival; this ensures that no one’s livelihood is compromised by unruly behaviour from travelling strangers!
Commercial Rent Arrears Recovery (CRAR)
We have a nationwide team of certified Enforcement Agents in England who can help you recover commercial rent arrears. They’ll represent our clients in the best possible light, ensuring that your landlord/tenant relationship remains intact throughout this process
Residential Possession
If the squatters have taken over your property, then it’s time for eviction. We can help you get back on track with our expert services that guarantee success!
Tribunal Award Enforcement
You deserve a quick resolution. We can help! Our teams have years of experience Recovering Money Owed To You Through The Process With Speed And Efficiency; it’s what we do best- so don’t hesitate any longer, contact us today for a free consultation about your situation
Commercial Lease Forfeiture
Shergroup is a specialist commercial lease team and one of the best high court enforcement agencies in London UK, with years of experience. We can help avoid lengthy court proceedings by instructing our experts to seize your property under Common Law: quick and efficient services for all landlords.
We have dedicated expertise in this area which allows us not only to deal quickly but also offer great value solutions tailored specifically towards each client’s needs.
Money Order Judgment/CCJ
Have you been chasing a County Court Judgment (CCJ) or an Order over £600? Then Shergroup can help. Our team of certificated Enforcement Agents deliver an effective service, helping us to recover our money for those who have fallen behind in payment!
Arbitration Enforcement
The UK High Court Enforcement Officers are the only enforcement officers in the UK who have permission to enforce international and domestic arbitration awards.
Aviation Enforcement
The High Court has the power to take control of aircraft and engines in order to return them or satisfy a judgment debt.
Asset recovery under a writ of delivery
The High Court has the power to issue a writ of delivery if you’re trying to recover specific goods, rather than money or property. This order will allow your lawyer access and allows them damages in case they are not able to return any damaged items with their client’s consent.
European Enforcement Orders
As a result of our high-quality services, we can help you enforce European enforcement orders against debtors and their assets located in England or Wales
High Court Enforcement – Money and Assets
We’re a company that helps people enforce their rights. Sometimes, we have to get rid of bad guys like squatters or tenants who are taking up space and not paying rent – but our jobs don’t stop there! We also provide services for lawyers looking into obtaining judgments in court; business owners trying to figure out how best to keep track of inventory management systems (and more); debt collectors seeking legal assistance when collecting debts owed by individuals located anywhere across England & Wales
High Court enforcement officers. What can they do?
A High Court enforcement officer (HCEO) is an officer of the High Court of England and Wales responsible for enforcing judgments of the High Court, often by taking legal control of goods or recovering land and/or property. The HCEO is a type of enforcement agent or bailiff. Before 2004, HCEOs were known as Sheriff’s Officers and were responsible for High Court Writs enforement on behalf of the High Court Sheriff for each bailiwick in England and Wales. Today UK High Court Enforcement Officers are personally responsible for the enforcement of Writs issued in their name. They take the place of the UK High Court Sheriff in terms of this responsibility. High Court Enforcement Officers operate in all 105 postcodes across England and Wales. They are a separate part of the UK legal system to the Sheriff’s Officers appointed in Scotland.
The debt does not need to be argued in the High Court; provided the amount owed is at least £600 (in 2014), the debt did not arise in a matter covered by the Consumer Credit Act 1974, and payment has not been made within the specified time, a County Court judgment can be transferred to the High Court for enforcement. The High Court fee for issuing a writ of control is £66[citation needed]; together with the HCEO’s fees, this £66 court fee is added by the writ to the amount to be recovered from the debtor.
What fees can High Court enforcement officers charge?
UK High Court Enforcement Officers are entitled to charge the Judgment Debtor statutory fees as set out in the Taking Control of Goods (Fees) Regulations 2014. These Regulations set out the fees that a High Court Enforcement Officer may add to the amount of the judgment as part of the enforcement process. Where necessary the fees can be subject to a fee review by the High Court to ensure they are correct.
For a Judgment Creditor, the cost of High Court Enforcement in London UK is limited to a fee for managing the issue of a Writ of Control, issuing the Writ, and the Compliance Fee which covers any abortive action when a money judgment is enforced. Shergroup charges a single fee for this work of £156 inclusive of VAT to the Creditor.
If the Judgment Debtor pays the full amount due under the Writ the Judgment Creditor will receive back the court fee of £66 and the Compliance Fee element of £75. All other charges which are allowed to be charged by the High Court Enforcement Officer are payable by the Judgment Debtor.
Who pays High Court Enforcement Officer?
The Judgment Debtor will usually pay the fees and disbursements of the High Court Enforcement Officer in London, UK. These charges are added to the Writ of Control or Writ of Delivery. It is unusual for fees to be added to a Writ of Possession but occasionally the Court will combine a money judgment or costs order with a possession order. In such a situation the High Court Enforcement Officer is entitled to charge the allowable statutory fees to the Writ.
Can High Court bailiffs force entry? Can High Court Enforcement Officers force entry?
No. The Taking Control of Goods Regulations 2013 specifies how a High Court Enforcement Agent in London UK, working in the name of a High Court bailiffs, can enter “relevant premises” for the purposes of taking legal control of goods.
Sheriff Service
All this activity, and the potential exclusion of high court Sheriffs under the new Civil Procedure Rules in 1999, led to a group of UK high court Sheriffs getting together from the National Sheriffs Campaign. This group along with its supporters, lobbied for the retention of the Sheriff’s service, albeit renamed High Court Enforcement in London UK. High Court Sheriffs and Sheriff’s Officers merged into the High Court Enforcement Officers Association.
Shergroup High Court Enforcement – Call the Bailiffs: Time to pay up
Shergroup is the only company in England and Wales to provide a fully integrated service for the enforcement of County Court judgments up until £600. We can assist you with transferring your judgment from any court anywhere, including costs if necessary! Our experienced team has been featured on Channel 5’s “Call The Bailiffs: Time To Pay Up” episode which will show how we’re able to take care of all aspects associated with enforcing High Court judgments such as getting writs or attachments delivered quickly without fail every time.
Shergroup is a leader in the field of enforcement. With over years of experience, we have helped many clients make good on their debts by enforcing High Court judgments obtained through our HCEOs’ expertise and skillset that includes transferring County Court Judgments up till now amounting to more than £600+ interest-free! We can assist you with any type or size judgment – but if it’s an important one then contact us immediately as there may be some restrictions regarding where this will go (only England/Wales).
Common-Law – Enforcement, Bailiff Law
For those of us involved at this time (c.1998) the then Lord Chancellor, Lord Irvine instigated a formal review of enforcement services. A Green Paper, Towards Effective Enforcement, was published introducing the idea of a “single piece of bailiff law”. You can buy a version of this document on Amazon today for $701.00. Looking back the reform of the high court Sheriff’s in London UK system and the gathering up of bailiff law, including the law of distress, into one single statute was a smart idea. In 2007, the Tribunals Courts and Enforcement Act created the statutory framework for all enforcement power to be regulated. It took until 2013/2014 for the details of that regulation to be thrashed out into the Taking Control of Goods Regulations 2013 and the accompanying fee regulations in 2014.
The reforms recognized that the system of enforcement can be traced back to before William The Conqueror in England and Wales, is all about balance. It has to deliver effective enforcement in a streamlined and increasingly technological way. It is as if you the Amazon of the legal system! This is the point where the court’s judgment or the order gets paid or enforced by repossessing property or assets or seizing goods and land. Without a functioning enforcement system, judgments wouldn’t be paid, and possession orders would be left for weeks waiting for the county court system to set a date.
High court enforcement officers
High Court Enforcement Officers (HCEOs) enforce judgments or orders made in the High Court and County Court (CCJs). They operate in England and Wales, and according to Taking Control of Goods Regulations, 2013 they have the right to seize assets or repossess property. The order which allows HCEOs to act is known as a ‘writ of control’.
HCEOs can get a “writ of control” which is an order from the court allowing them to act. You will have no notice that your creditor has applied for this, and it could affect you even if they don’t tell you!
If a company visits your home to take control of goods, they will usually give you seven clear days’ notice. This is sometimes known as the ‘enforcement notice’. Sundays and Christmas Day do not count towards this amount because it’s considered prep work for an upcoming visit by law enforcement officers in England & Wales; bank holidays also don’t count since these are times when people normally have access only at their leisure rather than being employment status workers like most others who hold down full-time jobs.
When the writ of control is issued, HCEOs have a right to try and take control of your goods. This applies even if you move them or give them away at any time within 7 clear days’ notice period- as long it’s done in writing!
What can high court enforcement officers do?
High Court Enforcement Officer Powers –
HCEOs are authorised under a Writ of Control that serves the order. That provides them powers to take control of their assets, repossess the property and gain entry to a property through the enforcement process following the Taking Control of Goods Regulations 2013. It gives the UK high court sheriff power to auction the seized properties to recover money and debts. The writ of control gives high court enforcement agents powers like Possession, Possession and Control, Restitution, Delivery and Assistance.
Who Are High Court enforcement?
High Court Enforcement Officers or HCEOs are appointed by the Lord Chancellor to enforce Writs of Execution issued out of the High Court of England and Wales. The Writ of Control is the most common type of Writ and is issued to enforce payment of a money judgment. The Writ used to be known as a Writ of Fieri Facias, or Fi Fa. Other forms of Writ include |
A Writ of Possession | used to recover land and/or property after an Order for Possession has been issued
A Writ of Assistance | issued to assist or support the enforcement of a Writ of Possession
A Writ of Restitution | issued after the land has been re-occupied following the enforcement of a Writ of Possession
A Combined Writ of Possession and Control | used to recover land and money owing
A Writ of Delivery | used to recover specific assets
Writs date back to the start of the English Common law and have some wonderful old Latin names – these include |
A Writ of Venditioni Exponas
A Writ of Ne Exeat Regno
Writ of Control
A Writ of Control orders a High Court Enforcement Officer (HCEO) to control debtors’ assets and trade at an auction to secure the funds to satisfy a money judgment.
Powers a Writ of Control provides to a High Court Enforcement Officer
The Writ of Control allows the selected High Court Enforcement Officer (HCEO), to enforce the writ or order. An Enforcement Agent in UK can visit the debtor to secure payment. This writ of control empowers the Enforcement Agent to take control of their assets. If payment is not made on time as agreed, the enforcement agent can trade or auction the debtor’s assets.
What are the powers of a High Court Enforcement Officer?
The High Court Writ of Control enables the named enforcement officer to enforce your claim. Their company will contact and if required, an Enforcement Agent will visit you in order secure payment or agree on a plan for repayment before it becomes too late – when there’s less time left! The process authorizes them (the High Court Enforcement Agents) to take control over all assets that are subject to judgment; this includes cars/trucks + other belongings valued at up 8% interest per year( calculated annually), court fees+costs enforcing its judgment against someone who has ignored orders made by law
The High Court Enforcement Officer (HCEO) is a specialised court officer with expanded powers. They can execute any one power listed below:
Property Seizure -Control Room Television Transmission or Receiving Equipment Control Room Plant and Machinery(s) belonging to the accused which are found in possession of an offence shall be arrested by the HCEO unless there are reasonable grounds for non-arrest, where such equipment will become subject to seizure; this includes live animals too!; Motor Vehicle Events Involving Death -The driver involved would have committed suicide if not stopped
High Court Enforcement Officers (HCEOs) have powers like the following:
- They can execute a High Court Judgment in England and Wales, this includes the most commonly applied for High Court Writ, Writs of– Possession, Possession and Control, Restitution, Delivery and of Assistance
- Can execute a County Court Judgment (CCJ) for a value of £600 and above, which can be transferred up to the High Court for enforcement.
- Can execute an Employment Tribunal or ACAS Award
- Can execute High Court Possession Order or County Court Possession order transferred to the High Court for Enforcement
The powers of high court bailiffs during enforcement
High court bailiffs have a range of powers when enforcing court orders and judgments. These powers are set out in the Taking Control of Goods Regulations 2013. The regulations provide guidance on the actions that a bailiff can take when recovering a debt, including the seizure of goods and the sale of those goods to recover the debt.
One of the key powers of a high court bailiff is the power of entry. As mentioned earlier, a bailiff can only enter a property if they have a writ of possession or if they are invited in by the occupant. Once inside the property, the bailiff can seize goods to satisfy the debt owed to the creditor.
The bailiff can also use reasonable force to gain entry to the property if necessary. However, they must be able to justify their use of force and ensure that they do not cause unnecessary damage to the property or harm to the occupants.
Another power of high court bailiffs is the power to remove goods from the property and sell them to recover the debt owed. The bailiff can take control of goods that are owned by the debtor or that are jointly owned by the debtor and another person. However, they cannot take control of goods that belong to someone else, such as a third party who has lent the debtor goods.
Rights of Entry & Control and Removal of Goods
The High Court’s writ of control will allow the judge and their agents access to your land and buildings for purposes such as obtaining payment in full or if no other agreement can be made they may seize goods that are owed. The debtor should keep this foremost in mind when dealing with these people because all property taken has potential value – even though it might have been sold at auction below market rates- which means an enforcement agent could take over what you owe just by having ownership of those items instead!
Residential – Peaceful admittance
The Enforcement Agent cannot force entry to a residential property without first gaining peaceful admittance. Once inside, the agent has been given the power of enforcement and can return later should it be required e.g if the defendant does not adhere to agreement terms from previous visits.
Business Premises – Forcible Entry
When a company like Court Enforcement Services needs to enter the business premises, they will give reasonable time and opportunity for entry. If there is no living accommodation attached at commercial properties then an officer can force their way in if necessary; usually by giving prior notice of this action beforehand so that it does not appear unexpected or aggressive towards others who may be staying on-site during negotiations (such as debtors).
The High Court will secure your property as well, and they do so with a level of expertise that is unrivalled in this industry.
What goods can High Court Enforcement Officers take?
The High Court Enforcement Officer is only allowed to take goods that belong the defendant.
- The items that are essential for the basic domestic needs of a family, such as clothing and bedding are often things people take for granted.
- The toolbox is an essential part of the trade for any professional. The maximum value it can have on your behalf starts at £1,350 which includes all sorts from books and vehicles to tools with personal use items worth up until that point as well!
- The Third Party is a legal concept that refers to property belonging either directly or indirectly to entities other than you and your spouse. This could include things like rental agreements, insurance policies with multiple beneficiaries (i..e., family members), and security deposits for tenants who don’t have credit yet – all of these will be considered “the third party” when it comes time for them to split up what belongs where after an ownership dispute has occurred between two parties!
- You may have to pay a deposit if you want the use of an item for longer than its rented or leased period.
Eg – A car on hire purchase agreement requires that part-payment be made at the time of first renting, then after each anniversary date until return; meanwhile items such as vehicles are often subject only to initial down payment requirements before being available indefinitely so long as there’s no mileage over threshold limit set forth during negotiations between party leasing them from retailer/owner who provides the full title.
Can HCEOs take goods belonging to someone else?
HCEOs should not take goods that belong to other people. If they threaten you with this, explain how the item isn’t yours and show some kind of documentation as proof: maybe an invoice or credit agreement! They can also provide a sworn statement called a ‘statutory declaration instead. We recommend contacting us for advice if the owner has not got their receipts!
The HCEO will receive a letter from the third party who owns the goods, stating that they are going to be returning them. The organization needs this information in order for it to pass on any credits or debts owed by their client with regards to how much was paid back after buying something at retail price plus taxes etc.
The creditor will decide whether or not they want to accept the third party’s claim. If it is rejected, then that individual can go ahead and apply for court orders with their deposits depending on what was taken in value at any given time during litigation proceedings- contact us if you need help!
When two people own a business together, the law says that they are entitled to each person’s share of any assets brought into or created by their partnership.
Limited companies and limited liability partnerships (LLPs) are common in many countries around the world. If you’re unsure about how this will affect your situation, contact us for advice!
Can HCEOs take goods on hire purchase or conditional sale?
HCEOs can take control of goods that are on hire-purchase or conditional sale agreements, but there is some legal debate about whether they should. If the company threatens to do this and you have any questions for our team contact us now!
What if there are no goods to take?
HCEOs can be quite sneaky and will use any opportunity they have to enter your home. They may claim that you’re not submitting claims fast enough or paying them too much, but what really happens is the HCEO comes into your house with an assistant who takes all of their goods away in tow!
The HCEO has 12 months from the date of sending you an enforcement notice to take control over your goods. If they receive repayment arrangements after that time period begins, it will be measured using those terms and not before-the beginningoroMake sure this statement is clear by adding “unless otherwise agreed.”
HCEO fees
HCEOs will often charge you for the following fees if they start a type of action described.
- The cost to issue a writ of control is £75, and it includes the enforcement notice.
- £190 – This fee covers the HCEOs’ initial visits when you pay your debt in full or break an agreement. If it’s over £1,000 they can also charge 7.5% of what remains after payment. There are a few different fees that the HCEOs may charge when they help you with your debt. The first is an administration fee, which covers their initial visits and any additional work needed once payments have been made or breaks from agreement occur in Full Payback Plan stages (over £1K). If it goes above this amount then 7% will be added onto what remains owed at each stage until repaymentis complete – so make sure to keep track!
- Depending on your needs, £495 can be charged for one or more of the following situations.
The fee for a controlled goods agreement is not inclusive of the HCEO’s initial visits. It only covers your shipment up until it leaves our possession or arrives at its destination, whichever comes first!
Your controlled goods agreement has been broken and you owe the fee for breaking it up until (but not including) removal of our property.
The fees for filing a claim with the courts can be substantial and it is important to know exactly how much you will owe before making such an investment. If your debt exceeds £1,000 in total or if there were multiple debts that exceeded this amount within one year (for example: unpaid bills from both phone companies), then 7% additional interest applies on top of these default amounts above 18%.
- The fee to file a Chapter 7 bankruptcy petition is £525. If your debts are over $1,000 they can charge 7.5% of the total amount you owe as an additional cost above that amount for legal proceedings up until payment in full has been made or possession given back depending on what type agreement was reached between yourself and creditor(s).
- The cost of storing your goods which the HCEO has removed!
- The cost of hiring a locksmith can vary depending on the type and severity.
The cost of selling your goods is dependent on the type and severity in which they will be used. We offer advice for all types so contact us today!
The HCEOs will come to your home and give you information about how much of a debt, if any there is. They may also take measurements for an accurate estimate; however this should be done with consent only when necessary as it could lead them into charging Too Much! If they have overcharged their services contact us immediately because we can help challenge these fees through County Court where rights prevail.”
VAT
Most creditors are registered with HMRC to reclaim VAT, so they should not add an amount equivalent t othe fees they charge you. This is likely if your creditor works in business and can be verified by looking up their registration on file at the government’s website -or checking with one of these three companies: Her Majesty’s Revenue & Customs (HMRC), Business Enterprise & Taxation or Companies House .
Difference between a bailiff and a high court enforcement officer
Bailiffs are agents directed to recover debts on behalf of either a creditor or the courts.
A High Court Enforcement Officer is appointed by the court and collects money on behalf of the courts. Bailiffs or Enforcement Agents have a wider portfolio of debts to enforce including CCJs, VAT, income tax, national insurance, court fines and unpaid council tax.
Enforcement fees and stages
1. Compliance Stage
The method starts with the compliance stage. Once the HCEO receives a judgment or order to enforce they will open up a case fee and this will be the first fee that is added to the debt. The amount is £75*. All High Court Writ Enforcement Officer fees carry VAT which will be paid depending on whether the Judgment Creditor is VAT registered.
2. First Stage Enforcement: Stage 1
If the debtor fails to make communication with the HCEO or requests to pay by instalments during the Compliance Stage, an enforcement agent (EA) will visit their premises to take control of goods. This stage is known as Enforcement Stage 1.
- Fixed fee of £190*
- Commission Fee of 7.5%* of the sum to be recovered under the writ of control form – over the sum of £1,000
3. Second Stage Enforcement: Stage 2
If the debtor rejects either to make any cash or to enter into an acceptable instalment arrangement covered by a controlled goods agreement, also known as a walking possession agreement, then the process moves to Enforcement Stage 2.
The enforcement agent will visit the property under Enforcement Stage 2 or the Sale or Disposal Stage dependent upon the conditions.
The fee for Enforcement Stage 2 is a flat £495*
4. Sale or Disposal Stage
Finally, enforcement gets to the point where goods need to be removed, the HCEO will escalate the enforcement of the Writ of Control to the Sale or Disposal Stage.
The fee for this stage is £525* plus 7.5% of the sums to be recovered over £1,000, which again is subject to additional VAT. The costs of removal may be included in this fee or may have to be charged as “Exceptional Disbursements”.
* PLEASE NOTE | Changes to the way VAT is charged on the fees of High Court Enforcement Officers has recently changed.
Where the fees of HCEOs are quoted, the payment of the VAT on the fees is determined by whether the Judgment Creditor is registered for VAT. Going forward we will be checking the VAT status of the Judgment Creditor named on the Writ so we can work out if the Judgment Creditor must be invoiced for the VAT element of the fees directly.
If the Judgment Creditor is registered for VAT, a VAT invoice will be issued in the name of the Judgment Creditor and the VAT element of the High Court Enforcement Officers Fees will be deducted from all sums recovered.
What is a High Court Writ?
A high court writ is a process creditors can use to enforce non-payment of debt after getting a county court judgment or CCJ. High Court Writ Enforcement refers to a formal document that decrees a person to operate or to cease doing a specific action. Writs are drafted by judges, courts, or other entities who have judicial jurisdiction.
High Court Officers and Enforcement Procedures
How can I stop High Court enforcement officers?
If you can’t manage to pay off the debt in instalments, you can apply to the court using the N244 court form to stop the HCEOs. This is called a ‘stay of execution’.
The court won’t always pass the stay of execution. Make sure you include all the details the court needs to understand your situation, including:
- Your budget: income and expenditure financial statement.
- Any supporting information, such as any debt and mental health evidence form.
Enforcement of a Possession Order by High Court Writ of Possession
Orders for Possession are processed in the County Court are typically enforced by the County Court bailiff.
Rules are established in trespasser proceedings where the transfer up to the High Court Sheriffs in London UK is usually made.
Applications for High Court Writ enforcement of Possession Orders are becoming more common as landlords notice the rate of recovery of possession as exceeding the extra cost that will be required.
Why would a creditor use High Court enforcement officers?
There are various benefits to a creditor using HCEOs rather than County Court enforcement agents:
- Once the debt has moved to HCEOs, the creditor can add 8% interest
- HCEO fees are much costlier, which can put people under more pressure to pay the debt
- HCEOs can be much harder to stop
- HCEOs are employed by a private company and are paid based on the amount they collect.
Who regulates High Court Enforcement Officers?
High Court Enforcement Officers are regulated by the Lord Chancellor’s “Delegated Person”. This person is appointed by the Lord Chancellor to keep High Court Enforcement Officers in check and line with their statutory licence.
What paperwork should HCEOs give me?
When an HCEO takes action against you, they must provide written notice of their intent and/or completion. For instance, when the office files a complaint or recommends that certain actions occur on your behalf–the eponymous “paperwork” will be given to ensure compliance with law by both parties involved in this process (you as well).
- intend to visit you;
- have taken control of your goods; and</li
- intend to re-enter your premises after entering before.
The paperwork that you need for your business is not something anyone should take lightly. We’re here to help make sure the rules are being followed so we can avoid any complications or fights down the line, but if they aren’t giving us what’s requested then there might be some serious consequences! Contact our team right away before things get ugly – it’ll only take one phone call and maybe even less than an hour after all has been said in order resolve this situation as quickly possible without unnecessary stress put onto either party involved (we know how hard work goes!).
Challenging a debt in the High Court
If you want to challenge or apply for some reason, such as if there was fraud with your case then this must be done in the County Court where it originated–the same place any fees would need paying unless exempt! See our Help With Costs fact sheet on setting aside judgments when challenged by creditors etc., because they contain more information about what’s required.
You should make a separate application for “stay of execution” if the creditor has applied to use HCEOs. This is because they may visit your home and show copies of both applications, which will protect you from being enforcing this judgment by showing that there are still things outstanding in their mind about what happened during trial or how much money was won (or lost).
Informal agreements
The HCEO is an organisation that takes control of your goods if you cannot pay the debt in full. The process for negotiation with them, while cheaper and quicker than going through court proceedings applies only when they have been approached by creditors who are willing to allow those debts be settled upon terms less harsh than what might otherwise happen- this includes being able work out payment plans or arrangements where there’s no need immediately sell everything until after payments cease because someone fell behind on his loan obligation!
Applying for a stay of execution
HCEOs can issue a notice for any number of reasons, and if you’re unable to pay all the money at once try making an arrangement with them in which they would accept payments on your behalf.
The HCEO will often reach an agreement with the parties if they can. If this is not possible, you may apply for a ‘stay of execution’ on behalf of your company by filling out form N244 and paying any applicable fees up front or at least before taking action against it! Make sure that when making these applications explain why there needs to be such relief given so as not only do applicants get their monies back but also avoid having fines accumulating while waiting months/years between hearings which could lead to more liability should anything go wrong during those periods where nobody knows what’s happening.
- The Affidavit of Means or Witness Statement is required for anyone applying to stay their execution. This document requests additional information about you that will help our team make an informed decision on whether or not we should grant your request and why!
- The affidavit of means is a financial statement that provides the details about your assets and income. The information in this form helps lenders make decisions on whether they will give you money or not, so it’s super important for anyone who wants to get loans from them!
- The affidavit has to be ‘sworn’, for example before a court officer or solicitor unconnected with your case. You will usually have to pay a small fee in order this done.
- Careful selection of who sees which parts of the content in affidavits is crucial to avoid false testimony against individuals in the future when they provide evidence. The credibility of these individuals’ statements upon initial inspection can significantly impact the outcome, as affidavits have the power to either strengthen or undermine someone’s innocence.
- You may prefer the witness statement method if you want to ensure that your statement is true, but it’s not worth paying an extra fee for.
- Explain any special circumstances that may make this unfair and should be addressed by the High Court Enforcement Officer (HCEO). Also, give details of any property you own and any other debts you owe.
- Make three copies of the document and send (by first class recorded delivery), or take them to your local court with a copy for proof.
- Make sure to ask for a hearing date as part of your application. The court will then set one and give you notice when they send back this paperwork, so make certain that it’s accurate before submitting it!
- The creditor must receive the paperwork at least four working days before your hearing. If you cannot find time in this short period, request an extension from the court by sending a first-class recorded post or electronic transfer, ensuring that you submit all necessary documents on schedule.
- You may also enclose a letter explaining the documents you have sent. See the sample request for a stay of execution in the High Court, which is found on page two under “Request” and then scrolls down to find ‘ Stay.’
- If you are facing the threat of execution on a judgment, it is important for you to make both requests: firstly, request an order preventing any more actions by creditors, and secondly, ask your local County Court to vary terms set out in previous court orders. As long as payments continue accordingly then this should stop them from taking anything away legally until such time where there has been compliance with all aspects which would lead up towards final resolution – usually, after around two years have passed since the start date (though not necessarily).
Enforcing CCJs in the High Court
The creditor can enforce a CCJ against a debtor in the High Court by taking control of goods. Business and trade creditors can do this. These types of debt are not included in the Consumer Credit Act 1974.
‘Taking control of goods’ requires High Court Enforcement Officers (HCEOs) in visiting you. HCEOs are High Court bailiffs, enforcement officers, enforcement agents, and high court Sheriffs in UK. HCEOs can take your goods and charge the debtor to sign a ‘controlled goods agreement. However, if a debtor does not pay, the goods listed on the controlled goods agreement can be removed and sold.
Twenty years ago, we never envisaged that there would be various TV shows made about our work, but HCEOs do have an interesting life. For those of us who get the bug, it brings variety every day. HCEOs see all levels of commerce and humanity and must pick their way through the parties’ competing interests on the face of the Writ to achieve the best outcome.
One day an HCEO can be dealing with taking control of an aircraft, and the next day, taking control of a second-hand car. Either way, the CCJ or other form of Order must be enforced.
The HCEO must not refuse a Writ that is sent to them in their name and in a postcode they have committed to servicing. Mastering the paperwork, Regulations, and statutes is crucial to successfully accomplishing the task. The TV shows have shone a light on what we do. More people now know about the High Court enforcement system and how to engage with it for creditors. For debtors, the consequences of not paying a CCJ are on the telly. Don’t allow a CCJ to get to this stage. Pay the debt, or if it reaches the judgment stage pay it as soon as possible to avoid additional charges being added.
Shergroup’s team of Certificated Agents are experienced in court-mandated actions. They provide unwavering customer service and the personal case manager to assist you every step of the way with your removal or repayment plan, ensuring effective results for an affordable price – there is no need to go without professional assistance when it comes to leaving everything up in this situation!
Keep reading our blog for more insight on all aspects of High Court Enforcement and the work of Shergroup, best high court agency in its various services as the oldest recorded Sheriff’s Office in England and Wales, UK.
High court enforcement services
- HCEOs are often seen as a faster and more cost-effective debt recovery option.
- Our Court Enforcement Services team provides certificated HCEOs who have more powers than County Court bailiffs.
- High Court Enforceable Writs of Possession & Control can help to speed up the recovery of monies owed.
Shergroup High Court Enforcement Services
We specialize in comprehensive judgment enforcement services. Our expertise extends to handling writs for both national and international claimants, as well as ACAS awards. Additionally, we prioritize our clients’ needs, offering assistance to commercial or residential lawyers seeking help with tenant possessions. We also provide support to travellers/pilgrims who have experienced the distressing situation of having their homes forcefully taken from them. Our services include efficient property rent recovery (CRP) processes, including CRARs, particularly in cases where there are unpaid mortgages on the property. Our priority is to ensure that our clients receive the support they need in a timely and efficient manner. We work hard at the meeting and exceed their expectations, which you can see in all we do from the way that service is paramount; transparency & ethical behaviour are also on a list of things close enough for good measure!
What makes Shergroup High Court Enforcement Services Stand out?
Shergroup has extensive experience in the legal field and has established case law that shapes how the industry operates today. Shergroup focuses on supporting clients and their customers in recovering their money in the most sensitive way. This includes ensuring that their customers have a positive experience when they find themselves in a difficult situation.
We have a strict hiring process and invest heavily in our employees. All of them work for us, so we know they’re local to where you live or visit since that’s how it has been done around here from day one! We also make sure everything is transparent by having open conversations with people about what goes on at the agency while maintaining an ethical workplace environment.”
Summing Up |
At Shergroup, we take pride in our commitment to education and enforcement. We believe that informed decisions are crucial for achieving the right outcomes. That’s why we strive for excellence in all aspects of our services, combining local knowledge, professionalism, and unwavering dedication to deliver exemplary service worldwide. Whether it’s handling domestic matters like family law disputes or providing legal advice for business litigation cases, we uphold the highest industry standards to ensure smooth proceedings and optimal outcomes.
Visit www.shergroup.com for legal and enforcement solutions. We are one of the best legal and high court enforcement solutions agencies in London, UK.
You can reach us |
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