A writ of delivery is an effective way to recover a specific item. The court fee for the writ of control or delivery is just £66, there are two types of the writ of delivery – Form 64, for goods, damages and costs, and Form 65 for goods or value (of the goods), damages and costs.
A writ of delivery is a form of High Court Writ that is used to recover specific item or items or alternatively a payment for them depending on the circumstance. This can be for a variety of reasons. A few common types of cases that we’ve come across for this form of recovery fall under the following categories:
Items provided to auction that haven’t been sold
Items purchase on finance being repossessed such as a car
Artwork that has been loaned to a gallery and not returned
Why should both parties be present?
Sometimes, such as in the case of a divorce both parties may need to be present to ensure the correct items are identified and recovered. Such a case can be complex and fraught with emotion as although items may not have great monetary value they are often of sentimental significance to the parties involved. A case such as this involved a stolen dog, you can read the full story here https://thesheriffsoffice.com/...
It is also worth bearing in mind when recovering goods of high value such as artwork loaned to a gallery or jewelry that has been loaned that the correct item is identified that is to be recovered, in such a case it is important that the claimant is present to verify that they are not being given the wrong item, and that the item to be recovered is agreed by both claimant and debtor.
Do both parties always need to be present?
No, for straightforward enforcements of a writ of delivery such as recovery of a car under finance we will be able to enforce the writ effectively without the claimant being present, as we can easily identify the item via make, model VIN and vehicle registration.
David is an authorised High Court Enforcement Officer and our Director of Corporate Governance