Is it Better to use County Court Bailiff or High Court Enforcement Officers.

by Readers Question

10:07 AM, 6th March 2017
About 2 years ago

Is it Better to use County Court Bailiff or High Court Enforcement Officers.

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Is it Better to use County Court Bailiff or High Court Enforcement Officers.

I am hoping I should be able to secure Possession Order this coming Monday. I have spoken to Bailiff department for Court in question and lady advised me that lead time is approximately 3 weeks. However I take this with pinch of salt as I had another Council in the past advised me similar sort of time scales and I ended up waiting for around 10 weeks.

If I requested Judge to transfer the possession order to High Court how long does it normally take for High Court to issue a writ?

Which process is better albeit costs?

Simon



Comments

Neil Patterson

10:11 AM, 6th March 2017
About 2 years ago

Hi Simon,

One of our sponsors and partners is the Sheriffs Office and we have many articles written by them if you do an article search but I have a link already for you >> https://www.property118.com/?s=the+sheriffs+office&submit=

Please also see our tenant eviction page >> https://www.property118.com/evicting-tenants/

Plenty of reading above which I hope helps 🙂

Jonas Sallam

13:36 PM, 6th March 2017
About 2 years ago

Hi Simon,

Our clients have often found that County Court bailiffs take in excess of 8 weeks to enforce court orders. Our process is often the quickest and most cost effective enforcement solution, especially where the tenant has not paid you rent, damaged your property or both.

Please feel free to give me a call on 0333 001 5100 so that we can discuss your case in more detail.

I have also attached a link to our ebook for your perusal.

Kind Regards,

Jonas Sallam
Business Development Assistant
The Sheriffs Office
Authorised High Court Enforcement Officers & Certificated Agents
T 0333 001 5100 F 0333 003 5120

Simon Hall

10:32 AM, 7th March 2017
About 2 years ago

Reply to the comment left by "Jonas Sallam" at "06/03/2017 - 13:36":

Thank you Jonas. The tenant disputed the rent arrears and Judge has re listed the case for another 3 weeks. Judge has asked the tenant to produce evidence within 2 weeks.

Depending on outcome within 3 weeks, I will revert back to you.

Out of interest, if possession order is granted during hearing, do I ask Judge verbally to transfer the case to High Court or do I have to fill any forms?

Thanks.

Simon

Jonas Sallam

11:37 AM, 7th March 2017
About 2 years ago

Hi Simon,

You can make a verbal request for permission to transfer the matter up to the High Court for enforcement, however at times the judge will want to see evidence of aggravating factors.

You are more than welcome to give me a call on 0333 001 5100 so that we can discuss this in more detail.

With thanks and regards,
Jonas Sallam

Robert Mellors

14:11 PM, 6th July 2017
About A year ago

If you are wanting the High Court enforcement officers (bailiffs/sheriffs) to evict your tenant, I believe that you have to apply to the county court for permission to transfer the case to the High Court for enforcement under Section 42 of the County Courts Act 1984. I was advised by high court enforcement officers that this is done on court form N244 and costs £100, (but the county court could refuse to grant the permission). However, when I rang the court, they first of all told me that it costs £66 and it is not done on form N244, then when I insisted that it was form N244 they said that it would cost £255. When I told the court that the High Court Enforcement Company had told me £100, they said I would need to go and get legal advice from a solicitor or Citizens Advice Bureau.

It does seem ludicrous that the information that all these official sources give me is incorrect and conflicts with each other, and to cap it all if I get it wrong or if the judge on the day decides not to give the permission for high court enforcement, then it costs me the court fee and several weeks of lost time. - Alternatively I can spend several hundred pounds getting a solicitor to do the transfer up application for me. - There must be an easier way to get such standard processes done? Does anyone know the correct process, and the correct costs, (as the courts themselves don't seem to know)? Does any person/company provide this service at a reasonable price?

Neil Patterson

14:45 PM, 6th July 2017
About A year ago

Hi robert,

Here is a link to articles written by the Sheriffs Office which I hope helps >> https://www.property118.com/?s=the+sheriffs+office&submit=


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