Government forcing landlords to house non-paying tenants for lengthy periods11:18 AM, 15th September 2020
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On 18th January we hosted a webinar on an introduction to High Court enforcement, we had over 127 people attend. We’ve compiled the Q&A from those who attended.
If a defendant has moved after judgment, do we have to notify courts officially first?
No notification to the Court is required, however, if you do find that, subsequent to directing the HCEO to attend the original address, attendance is required at a different address where the debtor is now located, the HCEO will have to serve a new notice of enforcement on them at this new location, giving a further seven clear days’ notice.
Can you do a trace prior to a going to court to obtain a CCJ and how much does this cost?
Yes. We provide tracing services, with both a basic trace at £45 excl. VAT and a more detailed one where necessary. If you have any uncertainty about the location of your debtor, a trace can be worthwhile to improve the chances of successful enforcement.
What happens if the enforcement is unsuccessful who pays the £75?
If the enforcement is unsuccessful then the £75.00 fee is paid by the person who instructed the HCEO. If it is successful then all fees and related costs are recovered from the debtor.
What about EU judgements? Are you able to enforce according to EU regulations?
If the country in which judgment was obtained is a member state of the EU or has a reciprocal agreement with the UK then we can recover such judgments by registering them at the High Court and requesting the issue of a writ of control. You can find more information about the processes here https://www.gov.uk/recover-debt-from-elsewhere-in-european-union and you can also download a helpful document here: https://formfinder.hmctsformfinder.justice.gov.uk/ex725-eng.pdf
So, if I had a debt due to me of say £2500, if the debtor paid you when you attend, how much of that amount will be paid to me?
You will receive the payment in full of £2,500 together with any interest awarded by the Court (usually at 8% per annum for the date of judgment) 14 days after we have received it: we are required to hold the monies for that period under insolvency legislation. The appropriate enforcement fees under the TCG (fees) Regulations are paid by the debtor together with any court fees awarded.
When transferring up from Court to High Court do you need to do application then pay writ fee on top?
The transfer process is started with the completion of Part 1 and Part 3 of Form N293A. During this process, you will need to provide the judgment details and a copy of the sealed judgment or order. The form should be signed by the creditor or their solicitor. The court fee is £66.00 and this must be paid when the forms are submitted.
How much is your tracing and do you do “no trace no fee”?
Successful traces are charged at £45 exclusive of VAT: they are free if we are unsuccessful. We have different levels of tracing services which are set out on our website at https://thesheriffsoffice.com/services/pre-legal-and-tracing/tracing/debtor-tracing
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