As debt in England & Wales continues to mount, more and more creditors are leaning towards court action and subsequently the High Court Enforcement industry as their preferred choice of debt recovery. Figures recently released by the Registry Trust show a 12% increase in the number of County Court Judgments in England and Wales, in the first quarter of 2019.The total value of those 35,779 CCJs was £107.2 million, a rise of 6% compared to the same period of 2018.
What is High Court Enforcement?
For non-consumer act debts, between £600.00 and £5,000.00, a creditor has a choice in regard to the enforcement of their County Court Judgment between the County Court and the High Court. All debts over £5,000.00 must be enforced by the High Court and those below £600.00 by the County Court.
A High Court Enforcement Office is a privately run enterprise acting under the authority of the Court and High Court Enforcement Officers. Enforcement Agents are instructed on your behalf to recover the outstanding debt owed to you using their authority to take control of goods. Acting in accordance with fixed fee scales and strict guidelines set by legislation, HCEOs must compete for market share based solely on the quality of their client service and the delivery of that service to you.
A HCEO’s fees are recovered from the Judgment Debtor when your debt has been recovered successfully. Alternatively, the County Court is a public entity and charges a one-off fee regardless of the success of your case. There is therefore a greater incentive for a HCEO to deliver a successful result.
The Process
Once a County Court Judgment has been obtained, your first step is for it to be transferred to the High Court to obtain a Writ of Control. In our experience, most High Court Enforcement Offices offer this service free of charge, but do require payment of the £66.00 for the Court Fee.
Once the Writ has been obtained from the High Court, the HCEO is required to issue a Notice of Enforcement to the debtor allowing seven clear days for them to provide payment in full.
If payment is not made, your case will then be assigned to an Enforcement Agent and an attendance at the debtor’s address scheduled. The HCEO will then update you, providing regular reports and feedback.
If successful, the recovered debt would be paid over to you and your case closed. If unsuccessful, we would be able to discuss further options with you in regards to the recovery of your debt.
Professionalism & Discretion
Here at Farleys we pride ourselves on maintaining a high level of professionalism and discretion for our clients. We therefore expect the same from our suppliers and we ensure that we only recommend leading companies who provide a high standard of service.
What is the cost to you?
All costs and fees in relation to High Court Enforcement can be found under the associated legislation, more specifically the Taking Control of Goods (Fees) Regulations 2014. As specified within the regulation, the cost to a creditor for this service is the Compliance Fee of £75.00 + VAT and a further payment of £66.00 to cover the relevant Court Fee.
Your chances of success
We are confident in our choice of suppliers in their ability to provide you with the best service the industry can offer, increasing your chances of success. Each case however is different and for more advice on enforcing your Judgment in the High Court, please call Farleys on 0333 331 4479 or submit your enquiry online.
