If the debtor liquidates whilst you are obtaining the writ, can enforcement commence?
Unfortunately, if the debtor goes into liquidation, we are unable to carry out enforcement.
If a creditor has not asked for interest after judgment in the original claim and original agreement, then interest cannot be added. Is this correct?
The claimant can add the statutory 8% per annum calculated and applied daily from the date of writ if the total amount is under £5,000 or from date of Judgment if over £5,000. The HCEO adds the interest due when carrying out the enforcement.
On top of the 8% per annum, there can be a further fixed sum late payment fee based on the total amount owed. This is outlined in the table below:
|Up to £999.99||£40|
|£1,000 to £9,999.99||£70|
|£10,000 or more||£100|
Is it fatal to make a mistake about the title of the creditor?
The title of the creditor can be amended. This will need to be applied for via the court and the amended judgment/order and writ (if applicable) must be sealed by the court: this may delay enforcement.
If a name is spelt incorrectly on the writ, does that mean it's unenforceable?
If the detail on the writ is not correct, then it will not be enforceable. This is one of the reasons that we would advise you to do as much research as possible and double-check the paperwork before it is transferred up to the High Court.
Are The Sheriffs Office a government agency?
No, we are a private company which enforces writs on behalf of an Authorised High Court Enforcement Officer who is appointed and authorised by the Senior Master of the High Court Queen's Bench Division, on behalf of the Lord Chancellor.
The debt was initially over £50,000 but has reduced as payments have come in. If the debt reduces to less than £10,000 and payments then cease, does this mean I cannot recover any costs if I act for the remaining circa £9000 to £10,000? Should I claim the interest agreed by email in taking legal action?
If you’ve recovered some of the debt, and payments cease then you can apply for a County Court judgment for the remainder that is owed. If you have an agreed rate of interest, then this evidence will need to be submitted to the court with the other evidence and details of payments that have already been made. You can use an HCEO to enforce judgments of £600 and above.
David is an authorised High Court Enforcement Officer and our Director of Corporate Governance