Transferring up a County Court Judgement or CCJ to the High Court has several benefits for those who want to increase their chances to collect the full amount they are owned. This is a more effective method to collect when compared directly with enforcement by County Court Enforcement Officers, and moreover, a more cost-efficient one, because as a rule of thumb, you only need to pay on results.
A key thing that will decide whether you are able to carry out the process is that you can only transfer up a CCJ if the judgement is over £600 including the debt and the court fees and less than 6 years old.
What can High Court Enforcement Officers do?
High Court Enforcement Officers have the power to apply a Writ of Control (formerly known as a writ of fieri facias or fi fa) issued by the High Court. This means that they are permitted to gain forced access into commercial premises with no previous warning. Moreover, a Writ of Control is the only way to take control of the debtor’s goods and sell them at auction to obtain the money necessary to satisfy a money judgement.
With the help of High Court Enforcement Officers, you can solve various types of debt-related problems, as they can assist you with recovering outstanding debts, evictions, and repossessing land.
How will they enforce the Writ of Control?
There are many possible reasons a High Court Enforcement Officer could have to enforce a Writ of Control and the Officer will have to approach each of these differently while following the National Standards for Enforcement Officers.
If entry to a residential property is required a High Court Enforcement Officer cannot simply barge down the door to gain access. They are permitted to climb walls and perimeter fences in order to access the grounds of the property. But they can only enter the property where the door is already open, they cannot climb through open windows.
High Court Enforcement Officers have more leeway when it comes to commercial premises, they can force entry as long as the premises is not part of or attached to a residential dwelling. They must have genuine reason to believe there are goods that can be seized belonging to the debtor which can be sold on at auction to raise the monies owed.
What are the costs associated with transferring a CCJ to the High Court?
As mentioned earlier to be able to transfer a CCJ to the High Court, the total amount owed needs to be over £600. There is a £66 court fee payable when you start the process, but it is recoverable from the debtor along with the fees of the specialist enforcement firm you use. The transfer process application generally takes between 10 and 14 working days.
Once the transfer process is complete, the High Court Enforcement Officer will write to the debtor and let them know they have seven days to respond or make payment. This is known as the compliance stage, and there is a fixed fee of £75 charged to the debtor at this time.
By using High Court Enforcement Officers through an enforcement agency such as Able Investigations, you increase your chances to recover the money you are owed. We can help you with enforcing County Court Judgements transferred to the High Court throughout England and Wales. If you want to find out more about the methods required for recovering debts, get in touch with us today. Call our experienced team on 0845 370 7401 or fill out our contact form.