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We do the compliance stage differently for the process of High Court enforcement

11 November 2019

Notice of Enforcement

Current regulations don't require the Notice of Enforcement to be sent by any form of secure post, only that Authorised High Court Enforcement Officers keep accurate records of when and how they are sent. This leaves the system open to abuse and criticism. We are committed to resolving this. 

Find out more from Chris Badger, Just's Director of Compliance.

"The Notice of Enforcement is the first letter that a High Court Enforcement Officer has to send. It's in a form that's prescribed by the Ministry of Justice, and gives the debtor seven days' notice to contact the High Court enforcement agency to discharge the debt in full, or to come to agreeable payment terms. If the debtor fails to do so, then the matter will be escalated to an enforcement agent and will make an attendance to the premises. One of the allegations that High Court enforcement businesses are often faced with by debtors are that the notice wasn't received, and that the first that the debtor became aware of the matter was when an agent knocks on the door. The other allegation is that enforcement agencies are deliberately avoiding sending the notice, in an effort to escalate the fees to a disproportionate level. What we're doing at Just is sending these notices out by verified recorded delivery. This is so that we can achieve extra compliance, and ensure that when a allegation is made that a notice isn't sent, that we can provide verified proof that the notice has been sent, in accordance with our documented procedures."