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15 June 2020
Just is the UK's first debt market integrator for litigation and enforcement. Our technology protects vulnerable debtors while providing an effective and safe high court enforcement solutions for creditors seeking repayment.
If you are considering instructing a high court enforcement officer, here are some frequently asked questions:
High Court Enforcement refers to the enforcement of Judgments that are conducted by an Authorised High Court Enforcement Officer charged with responsibility to enforce Writs of Execution issued by the High Court. A High Court Enforcement Officer will act upon a Writ of Control which provides for the seizure and sale of goods in the absence of payment by a Debtor in accordance with schedule 12 to the Tribunal Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2013.
A High Court Enforcement Officer (HCEO) is an individual, who has been appointed by Lord Chancellor in accordance with the Courts Act to enforce High Court judgment . High Court Enforcement Officers act on behalf of creditors seeking repayment but are recognised in law as officers of the court with specific responsibilities to the position.
High Court Enforcement Officers inherited the powers of their predecessors who were Under Sheriffs responsible for enforcement of High Court Judgments throughout England and Wales, and consequently possess a number of special powers when enforcing Writs of Execution which are detailed in schedule 12 to the Tribunal Courts and Enforcement Act 2007.Obstructing an HCEO is considered to amount to contempt of court.
An High Court Enforcement Officer will give notice in compliance with the Taking Control of Goods Regulations 2013. ; In some circumstances a High Court Enforcement Officer can apply to Court for permission to waive the notice provisions, this is often where goods intended to be seized are at risk of disposal by the Debtor.
High Court Enforcement Officers cannot force entry into residential homes but can only enter with the consent of a debtor. However, HCEOs do hold the power to enter commercial premises by where it is appropriate to do so and where there is a realistic belief that sufficient goods of value may be found inside.;
Instructing a High Court Enforcement Officer (HCEO) is a straightforward process. Once you have your County Court Judgement or possession order our team will manage the sealing and transfer up of your judgment to the High Court to obtain a Writ of Execution.
Using the High Court for enforcement means that a fee of £66.00 has to be paid on sealing the Writ addressed to the High Court Enforcement Officer of your choice. That fee is payable to the Court for the administration involved in issuing the Writ. Enforcement fees are prescribed by the Taking Control of Goods (Fees) Regulations 2014.