Claire Sandbrook
 
 
My Debtor’s Got Goods and Assets – What Enforcement Option Can I Use?
 
If you think your debtor has goods or assets which could be sold at auction or by other means to pay your debt then you can use High Court Enforcement Officers to take legal control of those goods and secure them against the value of your debt.

High Court Enforcement Officers (HCEOs for short) are appointed officials entrusted with the enforcement of High Court orders and judgments. They are appointed by the Lord Chancellor and are accountable for their actions. They are also remunerated for their Office by the monies they collect. They more they collect the more they receive in terms of remuneration.

That’s good news for creditors who often see a successful recovery when other types of enforcement agent have failed to secure a result. So this is the main reason that people choose this type of enforcement – it gets results as the enforcement professionals are motivated to achieve a result for you.

High Court Enforcement Officers appoint agents to work in their name. These agents are certificated bailiffs and have been authorised to act through a certification procedure which takes place in the county court.

Enforcement agents will visit the judgment debtor’s address and seize goods to the value of your judgment debt along with costs, interest at 8% on your judgment debt and their own fees.

Enforcement agents will visit the judgment debtor’s address and seize goods to the value of your judgment debt along with costs, interest at 8% on your judgment debt and their own fees.

The judgment debtor will have been served with a Notice of Enforcement prior to the first visit of the enforcement agent. This Notice gives the Judgment Debtor the opportunity to pay your judgment without any further fees of the High Court Enforcement Officer. Some people pay, some don’t and we will work with you to ensure that if an offer is made at this time it is secured on the goods that the Judgment Debtor has so you don’t lose out.

If a visit is still necessary after the initial period of 7 working days has passed for the Notice of Enforcement to be considered served, then an enforcement agent will attend at the address you have given us. The Judgment Debtor will be shown all the necessary court paperwork and encouraged to pay as soon as possible to avoid further charges being incurred. The Judgment Debtor pays the cost of the High Court Enforcement Officer’s actions through fees which can be reviewed by the court at any time.

If the judgment debtor still doesn’t pay the amount of the judgment or make an offer you are satisfied with then the enforcement agent will escalate the enforcement action to the stage of Sale and Disposal. This means that goods are at risk of being removed for sale and sold to pay the debt and all the costs and interest. More fees are added at this stage and the Judgment Debtor needs to move quickly to avoid the consequences of non-payment.

Your initial investment to get you on the path to using the High Court route is £60 which is the court fee to seal the High Court paperwork in the form of a Writ of Control.

If the judgment debtor pays you will get back your original investment of the court fee plus interest at 8% per annum from the date of transfer to the High Court (if you are enforcing a High Court judgment you will get interest at the same rate from the date of the judgment).

The only time you will have to pay anything extra is if the High Court Enforcement Officer has to report that no goods were available to take into legal control or there was some other obstacle which prevented enforcement action going ahead. In this case a fee of £75 plus VAT becomes payable. On current statistics you have a 25% chance of being paid – and this percentage rises if you are owed a business debt from a trading business debtor.

The option works on anything from second hand cars to 767 aircraft – and everything in between. Shergroup Enforcement are experts in their field and once the High Court Enforcement Officer has reported back on what goods have been seized, the Shergroup Enforcement team will begin negotiating for either
  • payment in full
  • a satisfactory payment plan
  • a strategy to sell the goods for the best possible price
In about 25% of cases sent to Shergroup Enforcement payment is achieved and in the remaining 75% of cases it can be shown why payment wasn’t possible – often because there were no goods available, or the goods belonged to someone else, or the judgment debtor had become insolvent.

Please note that if your judgment is under £600 in value – or regulated by the Consumer Credit Act we will review your judgment information and offer you an alternative to the High Court option as HCEOs are not permitted to operate on low value judgments or judgments involving consumer credit agreements.

Instead we use your £60.00 as a fixed fee to review your case and offer you a Recovery Agent trained to High Court standards who will look to achieve the same level of result for you but without the full power to impound and sell goods.

Resources for this method of enforcement:



And if you want more information or to check out any details you can contact us on all our open channels
We will solve your query and soon put you on the road to recovery!
 
 
 
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