Frequently Asked Questions
Why should I use Penham Excel High Court Enforcement Officers?
When Penham Excel High Court Enforcement receives an instruction to transfer your CCJ to the High Court for enforcement we will trace the person or company who owes you the money to confirm the residence of an individual or to see if a company is still trading.
All of this is done whilst the Court is holding the papers during the transfer up process – therefore ensuring swift enforcement can be commenced as soon as the Writ is received from Court. We are available during office hours to discuss your requirements and to help you at every step along the way – just give us a call on 033 000 20700.
Enforcement by County Court Enforcement Agents is prolonged and unacceptable – delays can often occur as they do not have the same financial incentives as High Court Enforcement Agents. Penham Excel High Court Enforcement Agents get paid on results collecting fees from the defendant and we act fast!
I have an outstanding debt how can I have it collected?
There are several ways in which a debt can be collected sometimes without the need for Court action and our associated company Penham Excel would be able to assist and offer advice.
Should your case necessitate Court proceedings then our associated solicitors will be able to assist regardless of what the claim is for and we are happy to arrange this for you.
How can I obtain a Judgment?
Judgments can be obtained in a number of ways but the most popular and easiest way is to either contact a solicitor for advice and to manage your claim, or to complete the On Line Government Money Claim which is used solely for this purpose.
The web address for information for this is: www.gov.uk/make-moneyclaim-online
If you wish we can get one of our associated solicitors to contact you for advice and guidance –even processing the case for you – all you need to do is give us a call on 033 000 20700 and a member of our team will be happy to assist you.
What does it cost to obtain a Judgment?
The Court fees for obtaining a Judgment are variable according to the value of the claim. A full list of current fees is available on the Government Web Site at www.gov.uk and the document that gives the current fee scale can be found on Form EX50 on this site. It should be borne in mind that where the debt is collected in full the associated costs will also be collected by our Enforcement Agents from the defendant.
Can I obtain a Judgment for any CCJ transferred to the High Court?
There are currently restrictions on which Judgments can be transferred up however this is under review at this time.
At the moment YOUR Judgment:
• has to be for a figure of £600 or more
• has to be less than SIX years old
• cannot arise from a Regulated Agreement under the Consumer Credit Act (for example a
Hire Purchase Agreement).
If you are unsure if your case can be transferred to the High Court please give our team a call on:
033 000 20700
If my CCJ is for less than £600 can this be collected by Penham Excel High Court Enforcement?
The simple answer is NO. County Court Enforcement Agents will be responsible for collection of this debt. If you have a sundry debt or other debt our associated company Penham Excel would be able to assist – give them a call on 033 000 20705 for any advice.
What paperwork do I need to use for collecting my debt by High Court Enforcement?
You will need a copy of your Judgment in default before we can process your case for enforcement in the High Court.
If you have details of the claim and any further information concerning the whereabouts of the defendant it would help us when enforcing the Writ. However, if it easier for you, just forward any paperwork that you have either by email to firstname.lastname@example.org or by posting a copy to our office.
If you are still not sure what to do just give us a call on 033 000 20700 and we will be happy to talk you through the process – it really is that easy.
How can l obtain a High Court Writ?
If you are owed money or you wish to take possession of land or property and you have a Judgment issued in the County Court we can transfer your case to the High Court for enforcement. Your case would then be assigned to one of our High Court Enforcement Officers.
This service is free of charge for our services for a money claim or an order against trespassers however there is a fee payable to the Court £66 and which is presently £60 cheques should be made payable to HMCTS (Her Majesty’s Court and Tribunal Service).
Alternatively, you can call our office on 033 000 20700 and we can take a debit card payment from you and make the payment direct to the Court on your behalf.
How long does it take to obtain a High Court Writ?
There is no definitive time that is given for issuing a High Court Writ and each Court varies. It is usual that we can get the Writ within seven days.
What will it cost me after it has been transferred to the High Court?
If we are able to recover the outstanding debt in full there will be nothing at all for you to pay and we will even collect the Court fee of £66 for you and remit the amounts to you as soon as the statutory 14 days period in relation to the Insolvency Act has elapsed. It can be in your bank account within three weeks of initial instruction.
Should we be unable to collect your money for any reason the amount payable to us is determined within the industry at £75 plus VAT. This is commonly known as an Administration or Abortive Fee and you would be invoiced accordingly.
How long will it take for your Writ to be actioned?
For Writs of Control – which is for money owed: Once the Writ has been received in our office from the Court we will action it immediately and commence the enforcement route. Initially we are required by law to send out a Compliance Notice to the Defendant (the debtor) and they are given seven clear days to make payment or agree an arrangement. If we have not received a response to the Compliance Notice in the given time our Enforcement Agents will attend the property and attempt to recover your money.
For Writs of Possession – As soon as the Writ of Possession is received in our office we will action this immediately, and sometimes even the same day we can execute the Writ and return the property back to you. Each case is different and our Management Team will oversee the case and decide on best practice to achieve the desired outcome. Some cases can take many months (for example Compulsory Purchase Orders with perhaps protestors) but others can be resolved within hours. If you wish to discuss this further just give our team a call on 033 000 20700
What happens when a Writ for High Court is obtained for a money debt?
There are a number of stages of the collection process that is outlined in the Tribunals Courts and Enforcement Act 2007 which is the legislation that covers this. In simple terms there are four stages:
Compliance Stage – where a notice is sent out to the defendant giving the defendant seven clear days to pay the outstanding amount in full or set an agreeable arrangement.
First Enforcement Stage – where our Enforcement Agent is required to attend the property of the defendant to collect the money in full for you, or to enter into a Controlled Goods Agreement with the defendant where an instalment arrangement is agreed. If the premises are unoccupied at the time of the visit a letter is left for the defendant to make contact with the Enforcement Agent.
Second Stage Enforcement – where our Enforcement Agent again visits the property with the same intention as on the First Stage of Enforcement.
Sale or Removal Stage – is where our Enforcement Agent attends the property and commences the removal of goods for sale at public auction.
At each stage there are fees added to the case which the defendant is legally required to pay. However, if nothing collected there will be no charges other than the Administration Charge payable by the Claimant.
What happens if the person/ company that I obtained the CCJ against disputes the claim?
Should the defendant (the person or company who owes the money) dispute that the debt is owed a judge will decide whether the claim succeeds or fails.
What does Judgment by Default mean?
If you have made a claim to the court but the defendant does not submit a defence at your request the Court will give you ‘judgement by default.
I have obtained a CCJ and transferred it to the High Court but the defendant has made an Application to Set Aside the Judgment – what does this mean?
When a defendant makes an application to set aside the Judgment it means that a judge will hear the application on a date set by the Court.
Even though an Application to Set Aside a Judgment is made by a defendant it does not stop the enforcement action from continuing unless the Judge specifically orders this with a Stay of Execution.
How long does the Writ last for?
A Writ issued in the High Court is valid for twelve months – however it can be extended on application to Court. Again our associated solicitors would be able to assist you. Just give us a call and we will be happy to arrange contact for you.
Can you explain the various terms used?
There is an endless list of legal terms used in the Court processes but the most popular relative to CCJ and High Court Enforcement are listed below. If you have any queries or you do not understand just give our team a call on 033 000 20700 and they will be happy to help;
Defendant – This is the person or company who owes the money
Claimant – This is the person or company who is claiming the money
Judgment – This is what is entered when a claim is successful
CCJ – This is an abbreviation for County Court Judgment
HMCTS – This is an abbreviation for Her Majesty’s Courts & Tribunals Service
TC&EA – This is an abbreviation for Tribunals Courts & Enforcement Act 2007
TCOG – This is an abbreviation for Taking Control of Goods used by Enforcement Agents
at enforcement stage of execution of a Writ
Writ of Control – This is the name of the Writ when transferred to the High court in relation to money claims. (Prior to the change in legislation on 6 April 2014 this was known as a Writ of Fieri Facias – commonly known as a Writ of Fi Fa)
Writ of Possession – This is the name of the Writ when transferred to the High Court in relation to property or land possession.