Virtually any County Court Judgment (CCJ) that is issued in the County Court (where the value is over £600) can be promptly enforced by one of our High Court Enforcement Officers via the High Court.
If you have a County Court Judgment (CCJ) issued in the County Court we offer a free transfer service which will allow us to begin the recovery process your behalf, the only cost is a £71.00 (exclusive of VAT) court administration fee payable to apply for the writ.
To transfer the County Court judgment up to High Court typically takes between 24 and 48 hours but this will depend on the County Court and it could possibly take longer.
To allow us to act on your behalf please provide:
A copy of the judgment you would like enforced
Complete the online instruction form
Payment of £71 (if you need the writ obtained on your behalf)
We will keep you up to date with the progress of the transfer where necessary and as soon as we have the writ an enforcement officer will attend the defendants address.
Writ of Control (money order)
The enforcement agent will establish the identity of the defendant and will then seize goods belonging to them and request that the payment is made of the sums due under the writ. Should the defendant be in a position that they cannot pay the full balance a partial payment may be offered. Goods that are seized are only generally removed if payment is refused, the defendant cannot pay or that the enforcement agent feels that the goods are likely to be removed or could be at risk.
The enforcement agent will attend the property (with a locksmith if necessary) and will ask any persons present to leave the property. Once all persons have left the property the agent will conduct a thorough search of the property to verify that the property is clear of ALL persons. Only once the agent is satisfied that it is empty will they then hand the property over to the client (or their pre-approved agent)
How long will it take to enforce?
Once you have the possession or money order and the permission to transfer to the High Court we can have the writ drawn up for you and sealed. This can take between 24 and 72 hours including enforcement.
Warrant of Control
In most cases fees incurred are paid for by the defendant. This is in line with the Tribunals Court and Enforcement Act 2007. Under these regulations we can charge fees in addition to the judgement debt. These fees are only relevant where we are successful in enforcing the judgement.
The way VAT is charged on Enforcement fees has changed below we outline different procedures for dealing with VAT registered and non-VAT registered creditors.
VAT registered creditors
Where the instructing creditor (and not their solicitor or agent) is VAT registered, VAT should be charged to that creditor and no VAT should be charged to the debtor.
A VAT Invoice will be issued to the creditor and that VAT will be accounted for to HMRC in the usual way.
Non-VAT registered creditors
Where the instructing creditor is not VAT registered, a sum equivalent to VAT will be charged to the debtor, as at present and in-line with the draft 2020 guidance issued by MoJ.
No VAT Invoice will be issued (to either debtor or creditor) and that sum, to be treated as VAT, will be accounted for to HMRC in the usual way.
However, the position in respect of non-VAT registered creditors has not been clarified. We await further guidance, either in the current proceedings or via a clarification from the Ministry of Justice on non-VAT registered creditors.
If you would like to know more about the current position on VAT please do not hesitate to contact me.
There is a payment which is payable for this service – you will find that our rates are very competitive. Please call our client services team on 0844 561 1250 to discuss this in confidence.