How High Court Enforcement Works
High court enforcement is governed by the Taking Control of Goods (Fees) Regulations 2014, and consists of 4 stages. To ensure that your case is enforceable it is important that all details are correct including the name of the debtor, the address and the amount owed.
It is important to note that high court enforcement officers cannot recover unsecured debts such as credit cards, overdrafts and personal loans. However we can recover utility arrears, business debts, tribunal awards and rent arrears.
Once we receive your instruction there is a fee of £75 to begin the process, where we send a Notice of Enforcement to the debtor, which will give them 7 days to pay. If the debtor pays within this timescale, then the process ends. Alternatively the case is escalated and moves onto the enforcement stage.
If there has been no response to our notices, then our high court enforcement officers will visit the debtors premises to take control of goods, and add a fixed charge (£190 + 7.5% of the debt) to the debt. If the debtor pays immediately or you agree to an instalment arrangement with the debtor, then the matter ends. If there is an instalment plan there will often be a controlled goods agreement which means we retain control over all goods until the debt is cleared.
If the debtor stops making payments or breaks a controlled goods agreement, then our high court enforcement officers will re-visit the property and make another attempt to get the debtor to make payment. A fixed charge (£495) will then be added onto the debt.
If the matter continues to escalate and goods need to be removed, then the enforcement reaches the Sale or Disposal Stage. Normally the threat of removing goods is enough, however if it is not then removing and selling goods will be the next step to clear the debt.
The debtor will be given notice of the impending sale, and another charge (£525 + 7.5% of the debt) will be added onto the debt. If there are other fees such as locksmiths, storage and auctioneer fees, these will added onto the amount owed. If there are exceptionally high removal costs for specialist items, then we will apply to have these paid by the debtor.
Our fees are recovered from the debtor when enforcement is successful. If enforcement is unsuccessful, as the creditor you only have to pay the compliance fee of £75, and will not need to pay any other fees associated with the debt. As a result our high court enforcement officers have significantly higher collection rather than county court bailiffs, who are salaried and without any financial incentive.
If you have a debt that you would like recovered, contact us today at High Court Enforcement, and find out what we can do for you.