FAQ High Court
To help our clients obtain a better understanding of High Court Enforcement, we have compiled the following FAQs to assist you:
Can I transfer any CCJ to the High Court?
You may only transfer CCJs with a value of £600 or more, including costs. Unfortunately, we cannot transfer and enforce CCJs which are the result of a debt regulated under the Consumer Credit Act 1974, unless there is a minimum value of £25,000.
Do I need legal representation?
You may wish to employ a solicitor or legal representative to deal with your debt recovery, in which case ask about recovering your debt through the High Court and request to be represented by Marston Group if your solicitor does not already use us.
How do I transfer my own CCJ?
For those who do not wish to use our free Transfer-Up Service or employ a legal representative, the first thing you need to do is obtain a CCJ. This can be done at court or online, with a fee of £60 payable to Her Majesty's Courts Service (HMCS). You will need to know the debtor's full name and address and details of the sum owed to you.
Once you have obtained the CCJ, you need to complete a N293a.pdf and return it to the district registry to be sealed. Please remember to instruct Marston Group by completing the relevant section as follows:
To "John Marston, an Enforcement Officer authorised to enforce writs of execution from the High Court".
Once you have received your sealed Writ of Fi Fa, keep a record of the issue date and forward it to our High Court Enforcement Centre.
How much does High Court enforcement cost and who pays?
As a matter of principle the debtor is responsible for the costs of enforcement because it is the debtor who has failed to satisfy the judgment being enforced. However, the claimant who puts the Officer into motion is primarily liable for the costs of enforcement, but with a remedy against the debtor.
What does this mean?
It means we are entitled by law to recover the costs of enforcement from the debtor. If this fails, we recover our fees from the claimant with whom we have a contract. The writ issued to us commands us to levy our fees from the debtor and if execution fails, to render a note of our fees to the claimant.
How much does Marston Group charge?
We will make up to three attendances at any one address in England or Wales. Where we fail to recover any money and/or fail to seize any goods we will send a closing report. We will charge a claimant £60 + VAT, for each address to which we are directed. We call this an abortive fee because execution has failed.
Where we recover part payment we will calculate our fees according to the High Court Enforcement Officers Regulations 2004, Regulation 13, Schedule 3. We will deduct our fees from the monies recovered and pay over the balance in hand. The amount we pay over is credited against the debt.
Where we have seized goods and the writ is withdrawn before payment or sale then we will send a note of our fees (calculated pursuant to scale) to the claimant.
Where we recover the debt, costs, and interest in full we will have added our fees (pursuant to scale) to the amount to be recovered. We then retain our fees and pay the net amount to the claimant. In these circumstances, claimants receive our services free of charge.
Can the fees be challenged?
Yes, our fees can be challenged at law.
Regulation 13 (4) provides that: "An enforcement officer or a party liable to pay any fees may apply to a Costs Judge or a District Judge of the High Court for an assessment of the amount payable, by the detailed assessment procedure in accordance with the Civil Procedure Rules 1998".
Who is accountable for money recovered from the outstanding debt?
We have to hold monies we have recovered for a minimum of 14 days pursuant to The Enterprise Act 2004.
This is because if the debtor goes into insolvency in this 14 day period we may have to pay the money to the Official Receiver (where the debtor is an individual or partnership), or to the Liquidator (where the debtor is a limited company).
In practice we hold money for 21 days, (7 days for bank clearance and 14 days for the statutory period). We will then account for the available money after retaining our fees and any expenses we have incurred.
How does Marston Group get involved?
We are a 'post judgment' remedy. This means you need a High Court or a County Court Judgment for over £600 to use us.
Accessing our services could not be easier. Simply send us a sealed court form called a writ. This commands us to attend the specified enforcement address and, in the absence of payment, seize any of the debtor's goods we find there.
If you need help transferring a judgment from the County Court to the High Court our free Transfer-Up Department is here to help.
We have a secure internet based writ distribution system. Following the entry of a writ on to our system, the documents are sent electronically to our Officer assigned to that area.
Following its receipt, the Officer will attempt to gain entry at the enforcement address and make a seizure.
We prefer first contact with the debtor to be in person, without an appointment and prior to sending letters or making telephone calls. This is because we do not want to alert the debtor to our intentions in case he decides to hide or dispose of his assets.
There are three types of address:
- a private dwelling
- a combined business and private dwelling
- dedicated business premises
The definition of a combined dwelling and business premises is where there is internal access from the private dwelling to the business or vice versa. For example where the debtor "lives over the shop" and can go upstairs to his home and downstairs to work.
What are our powers?
The writ (depending which type it is) allows us to seize property and goods, go onto land and inside buildings uninvited. Some writs allow us to physically lay hands on people and animals to remove them. Obstructing or assaulting us in the execution of our duty is a criminal offence and perpetrators are subject to criminal law sanctions.
We cannot force an entry to a private dwelling without first gaining peaceful admittance. Once inside we can return and force entry at a later date if necessary. This also applies to a combined business and dwelling.
We can forcibly enter dedicated business premises at any time, however, we must give the occupiers an opportunity to co-operate. When we do force entry we secure the premises again to at least the same standard we found when we forced entry. We usually give written notice of our intention to force entry.
Hopefully we will find the occupiers at home or at their work. When we do, our Officer will identify himself by his warrant card, state what his purpose is and ask for payment of the balance in cash at once. Where payment is made, our officer will count it and provide a receipt. We will then bank the cash and after the statutory period has expired (14 days) we will send the money to you or your legal advisers, who will in turn forward it on to you.
The law allows us to add our fees to the schedule of the writ (usually about 10% of the total debt). Where we receive payment in full we will retain our fees and account for the balance. In these cases our services cost you nothing - the debtor pays.
Where the debtor cannot pay at once, or offers a cheque, we make seizure of the goods in the premises. This is a formal legal process called "levying execution", which means that the goods in the property cannot be transferred to someone else whilst the writ remains in force. The debtor is told this is happening and is given a statutory form called "Form 55". This contains information we are obliged to impart as part of the levying process.
The debtor is also invited to sign a Walking Possession undertaking. Again this is an official form we are obliged to offer. It is a promise from the debtor to us that they will keep the goods we have seized safe and will tell us if any other bailiffs or HCEOs come to seize them. This procedure protects you, as it is evidence of our levy on your behalf. It also helps the debtor because we can leave the goods where they are on the basis of a promise, which if broken can lead to contempt of court proceedings.
We then compile an inventory of the goods seized and this inventory and the Officer's report is entered onto our system. A letter is then dispatched to the debtor confirming our levy and demanding payment of the sum due.
What if the debtor still fails to pay?
If the debtor still fails to pay we return to the address with removal contractors, force entry if necessary and remove the seized goods to our auctioneers. We usually give a written warning of our intention to do this. It concentrates a debtor's mind on paying what is due and encourages last minute efforts to find the money.
We can hold an auction at the debtor's address. When the sale proceeds come to hand we will send a full account with our report. If there is a balance owing then your solicitor will advise you on what steps to take next.
What happens if Marston Group seizes someone else's goods?
When we seize goods that do not belong to the debtor named in our writ this is technically a trespass and is actionable at law.
We can avoid being sued for the return of the goods or damages by sending you or your solicitors an Interpleader Notice.
This requires you to admit that the person claiming the goods is telling the truth and is the owner of the seized goods, or to dispute the statement. Where you admit the claim then we will withdraw from possession and will have no further dealings with the goods. This normally stops us from being sued.
If you dispute the claim we have to issue court proceedings, namely an Interpleader Action. This is heard in front of a judge. You and the person claiming the goods have to attend and give evidence. You try and prove the defendant owns the goods, whilst the claimant of the goods has to prove that they do. The judge will decide who is telling the truth and make an appropriate order. The winner usually gets their costs paid by the loser. The debtor is not involved in these proceedings.
You would only consider interpleading if you were very sure of your facts.
Assuming no claim, what happens next?
The majority of debtors come to an arrangement to pay by instalments. They will make an offer and a first payment, and on receipt we will forward the offer to you for acceptance. Their first payment acts as a gesture of good will.
If you agree, we then collect the instalments until the debt is paid or the writ withdrawn at no extra cost.
