High Court enforcement vs statutory demand? Which is the best option?
Once you have a judgment you can serve a statutory demand, the debtor then has 21 days to either pay the debt or to reach a settlement. We would advise that if a debtor has allowed the case to get as far as a judgment, that they are unlikely to pay and that sending a statutory reminder will be another futile attempt to elicit payment. In our experience it would be better to instruct High Court enforcement agents to recover the debt on your behalf.
Is the only cost of successful recovery £51.75? Do you take a percentage of costs recovered?
If we collect in full you will get your judgment debt, awarded costs, interest, £66 (writ fee) and an additional £51.75. Enforcement fees are added on top of the debt for the debtor to pay.
Where instalments are being paid the High Court Enforcement Officer will take a percentage towards their fees, however subject to the instalments being maintained and eventual full payment being made, you will be paid everything owed in the end because our fees are recovered from the debtor. Where we are unable to collect the full amount we split the money collected, full details of which can be found on our website.
Can you enforce more than one writ against an individual at the same time?
Yes, however priority is given to the writ that was issued first. It is therefore important that you act fast, in order to increase your chances of a successful recovery.
How does the enforcement agent know if the tools of the trade are over £1350?
The enforcement agents will collate an inventory of the debtors’ goods, this inventory will be used to record the value of goods, most of the time it is a straightforward process and the agents have access to a range of online tools and sites so that they can be accurate at estimating the cost of items.
Is the HCEO still responsible of the goods seized under a Taking Control of Goods agreement if they remain in the custody of the debtor?
It is criminal offence for the debtor to remove any goods where a Controlled Goods Agreement has been signed. Unless the goods have been taken control of and removed it would be the debtors’ responsibility to keep the goods/chattel safe.
David is an authorised High Court Enforcement Officer and our Director of Corporate Governance