County Court Judgment
CCJ Enforcement Agent
If you have been to court and gained a judgment you will soon realise that this is often only the first part of the process of getting your money back. The judgment has to be enforced and the money collected.
Using High Court Enforcement Officers
If your CCJ is for above £600 you can have your case transferred up from the County Court where you obtained the Judgment to the High Court for enforcement.
This process is called transferring. The law states that the execution of the writ (warrant) must be completed by a qualified and Certificated Enforcement Agent (formally Bailiff) who is under the supervision of a High Court Enforcement Officer (HCEO).
The HCEO are very experienced and well qualified bailiffs who are authorised by the Lord Chancellor to execute judgments and transfer cases up to the High Court. There are about 42 HCEO in England & Wales currently. They sit between members of the public and the bailiffs that they employ or contract to, and ensure the conduct of the file through to enforcement or other conclusion.
Enforcement Bailiffs are affiliated with the HCEO Frank Whitworth who operates nationally from his office in Huddersfield.
Once your case has been transferred up, a Writ of Control is issued to an Authorised Enforcement Agent for collection.
This will usually result in either a payment in full, a payment agreement in the form of a controlled goods agreement, removal of the debtors goods to be sold, or a Nula Bona return when, for example, the debtor has no goods or has gone away.
Please read the procedure below. You will see there will be no visit made to the debtor for approximately 28 days. There will be no update until then as there will be nothing to report for at least 28 days (details of why in procedure below).
High Court Enforcement Officers still have extensive powers, including the right to force entry to commercial properties where necessary.
You will be kept informed of progress as the case progresses through the various stages by the High Court Enforcement Officer.
The aim is to recover your debt, interest on the debt, and all court costs.
To instruct costs £66 transfer up court fee, and £90 abortive fee (£75 + vat). All costs will be recovered from the debtor if the enforcement is successful.
What happens after I return the form ?
Once your form is received the following will happen:
- One of the High Court Enforcement Officer (HCEO) team check the details.
- Your case is loaded onto the system.
- One of the HCEO team will complete an N293A - court transfer up form.
- They will contact you to get it signed.
- The completed N239A and payment is posted to the court.
- The court will do the transfer up to the High Court and return a Writ of Control to the HCEO Frank Whitworth. This takes approximately 14 days.
- The HCEO team will issue a Notice of Enforcement which gives the debtor approximately 14 days to pay (inc postage time).
- If the debt is not paid the Authorised HCEO passes the Writ of Control to a local Certificated Enforcement Agent. If this in an area Enforcement Bailiffs cover it will be passed to us.
- The Certificated Enforcement Agent is part of an experienced national team able to enforce by taking control of the goods of the debtor.
- The HCEO team will aim to recover your debt, interest on the debt, and all court costs and the fees of the Enforcement Agent which will be added to the debt if they are successful.
- To instruct the HCEO costs £66 transfer up court fee, and £75 abortive fee plus vat = £156 which you will have paid at the time of instruction. All of these costs will be recovered from the debtor if collection is successful.
- You will be kept up to date by the HCEO team.
- All updates once your case has been received will come from the HCEO’s team.
- Telephone 01484 427 467 - Email Frank Whitworth
- Please send your completed instruction form to the HCEO team. Details are shown on the form.
Instructions received outside of business hours are dealt with the next business day.
The HCEO will aim to recover your debt, interest on the debt, and all court costs.
To instruct costs £66 transfer up court fee, and £75 + vat abortive fee. Total cost £156. All costs will be recovered from the debtor if the collection is successful.
Unlike County Court bailiffs who visit between 09:00 and 17:00, our enforcement agents visit outside normal working hours. They operate seven days a week between 06:00 and 21:00 to catch your debtor in.
Using County Court Bailiffs
If your County Court Judgment is for less than £600 it can only be enforced by the County Court bailiffs. They are civil servants working directly for the Ministry of Justice which you would instruct via the court https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment
As the court bailiffs are civil servants they tend to work restricted / office hours. They are very busy with other work and have no financial incentive to collect your money.
As a consequence some clients prefer to use Certificated Enforcement Agents to attempt to collect their money.
In this situation the Certificated Enforcement Agent (CEA) has no powers to remove goods, but they are experienced collectors used to negotiating payments from debtors. They can visit quicker and give you a report on any likely assets the court bailiffs can seize should they be unsuccessful.
For more information, see Debt Collection.
Evictions from residential property
Enforcement Bailiffs does not execute Residential Possession Orders.