County Court Judgment
High Court Enforcement
If you have been to court and gained a County Court 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.
High Court Enforcement is an effective option for collecting the money you are owed. High Court Enforcement Officers have greater powers than County Court Bailiffs to collect the monies owed by the debtor.
HCEOs are not able to enforce debts that are regulated by the Consumer Credit Act. These debts include credit cards, overdrafts, Payday loans or personal loans. They can deal with non-regulated debts such as utility arrears, business debts, tribunal awards or old rent arrears.
Quality Bailiffs can transfer up County Court Judgments to the High Court for enforcement of judgments (including costs) of over £600.
Instruct Quality Bailiffs
What happens after I return the form ?
Please note the procedure below. There will be no visit made to the debtor for approximately 28 days so do not expect any update until then as there will be nothing to report for at least 28 days.
Once your form is received the following will happen:
- One of the team check the details.
- Your case is loaded onto our management system.
- One of the team will help you to complete an N293A - court transfer up form.
- They will email you a copy to check and sign.
- 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 Quality Bailiffs. This takes approximately 14 days, but may be longer.
- When returned we will issue a Notice of Enforcement which gives the debtor approximately 14 days to pay (including postage time).
- If the debt is not paid the Writ of Control is passed to one of our local Certificated Enforcement Agents.
- The Certificated Enforcement Agent is part of an experienced national team able to enforce by taking control of the goods of the debtor.
- The 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 Quality Bailiffs costs £66 transfer up court fee, and £75 plus vat abortive fee = £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.
- If you have an account with us then you will only need to transfer the £66.
- You will be kept informed as actions are taken by one of the team.
- Please send your completed instruction form to Quality Bailiffs. Details are shown on the form.
How to enforce
Options to enforce a County Court Judgment depends on the value of the judgement (including all costs).
|up to £600||Y|
|£600 up to £5,000||Y||Y|
When enforcing a county court judgment in England and Wales if your judgement is below £600 including all costs then you MUST use the County Courts own bailiffs.
If it is between £600 and £5,000 you have a choice.
- Use the County Court Bailiff via money claim online or the issuing court.
- Have the case transferred up from the County Court where you obtained the Judgment to the High Court for enforcement.
If it is £5,000 and above you must use the High Court for enforcement.
10 reasons to use an Enforcement Bailiffs Ltd group company to collect your CCJ
- Our roots can be traced back to 1948.
- Free trace verification. Once we get the writ back, we run the details through a licensed credit reference agency to verify the address provide any additional address give indications of vulnerability.
- Enforcement delivered by handpicked local Enforcement Agents.
- Experienced and Qualified Team headed by our authorised HCEO Frank Whitworth.
- Award winning customer service from our account managers - Best Property Enforcement Specialist of The Year 2019.
- Automated emailed reports with photograph of each address visited.
- Free transfer up from County to High Court for enforcement you just pay the court fee.
- One stop shop for all your enforcement and emergency security needs.
- Fully insured Public Liability, Employers Liability, Professional Indemnity, Directors & Officers liability.
- Accreditations - ISO 9001, Safe Contractor, CHAS.
High Court Enforcement
High Court Enforcement Officer (HCEO)
Quality Bailiffs currently has one Authorised High Court Enforcement Officer (HCEO), Frank G Whitworth and 4 student Officers.
HCEOs are the only people that can execute Writs of Control. They are very experienced and well qualified people who have a level 4 diploma in High Court Enforcement and have served a suitable apprenticeship demonstrating their skills before being able to apply to be authorised by the Lord Chancellor to execute judgments and transfer cases up to the High Court. There are currently about 42 HCEOs in England & Wales.
HCEOs sit between members of the public and the Certificated Enforcement Agents (Bailiffs) that they employ or authorise, and ensure the conduct of the file through the process set out by law to enforcement or another conclusion.
They delegate their powers to Certificated Enforcement Agents (Bailiffs) who can then execute writs of control under the authority of the HCEO.
Certificated Enforcement Agents (Bailiffs)
To be Certificated the person needs to be trained and gain a qualification, undergo continuous professional development (CPD), DBS checked, checked for CCJ, checked for insolvency, interviewed and authorised by a judge. This process is called Certification and has to be repeated every two years.
They work for private companies that are either owned by or authorised by a HCEO. Some of the Certificated Enforcement Agents (Bailiffs) are self-employed and some are directly employed. They will always be incentivised by the amount they collect and therefore are invested in the recovery of your debt.
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.
Cost of Enforcement
When enforcement is successful the cost to the claimant is free as the costs are collected from the debtor.
If the debt is not collectable you will have to pay the compliance stage fee of £75 plus vat (£90), and the court transfer fee, currently £66.
The Debtor/ Defendant is charged fees laid down by the MOJ in The Taking Control of Goods (Fees) Regulations 2014 Table 2.
|Fee Stage||Fixed Fee||Percentage Fee *|
|First enforcement stage||£190||7.5%|
|Second enforcement stage||£495||0%|
|Sale or disposal stage||£525||7.5%|
* Percentage fee (regulation 7): percentage of sum to be recovered exceeding £1,000
Instruct Quality Bailiffs
County Court Bailiffs
They are Civil Servants who work directly as employees of the Ministry of Justice. They are based at a local county court and report via a manager to the district judge.
- They do not need to be certificated.
- They are salaried and do not receive any bonus if they collect any money.
- They can only execute for debt amounts up to £5000.
- Their average time to report back is around 60 days.
- To instruct them costs between £77 and £110 depending on how you instruct them.