High court enforcement,Who are they????

penguin83

Hi jimm - you have had lots of good advice already so just a quick one off me.

You need to make an application to 'stay the Writ of Fifa pending the outcome of an application to vary the judgment'. This is done using form N244

You can then make your application to vary the judgment using Form N245.

The fee for staying the writ is £40.00 and the fee for varying the judgment is £35.00 - so a total of £75.00. Be careful though some courts are still charging the old high court fees of £100.00 - if they do this challenge it.

x x x

penguin83

As an aside - judgments regulated by the Consumer Credit Act can only be enforced in the county court and not the high court so this must be another type of judgment - eg business debt, compensation claim etc. x x x

rog2

penguin83 wrote: »

As an aside - judgments regulated by the Consumer Credit Act can only be enforced in the county court and not the high court so this must be another type of judgment - eg business debt, compensation claim etc. x x x

Very interesting, Penguin. I did notice a small sentence on their website which states

'Your County Court Judgements for over £600 can be transferred to an authorised High Court Enforcement Officer, except where the debt is regulated by the Consumer Credit Act of 1974.'

Again, jimm, you need to give us a bit more information.

fermi

penguin83 wrote: »

As an aside - judgments regulated by the Consumer Credit Act can only be enforced in the county court and not the high court so this must be another type of judgment - eg business debt, compensation claim etc. x x x

That tallies with what the NDL factsheet says.

Which debts are dealt with in the High Court?

Most credit agreements up to £25,000 are regulated by the Consumer Credit Act 1974. This means that your creditor has to sue you in the county court and cannot transfer the debt to the High Court for enforcement.

The High Court is most likely to be used by creditors for debts over £15,000 that are not regulated by the Consumer Credit Act 1974.
The creditor has to show why the case should be heard in the High Court e.g. because it is for:

• a large amount,
• the case is complex,
• the result could be of public importance.

If a creditor has a county court judgment against you they may be able to transfer the matter to the High Court for enforcement if they want to use 'execution against goods' to enforce the debt. This means they use sheriff's officers to try to take your goods and sell them to pay some or all of the debt. From April 2004 sheriff's officers are known as enforcement officers.

If the county court judgment is for an unregulated debt then the following applies.

• If the debt is for more than £600 and less than £5,000 the creditor can choose to transfer the judgment to the High Court for enforcement.
• If the debt is for more than £5,000 then the creditor must transfer the judgment to the High Court for enforcement.

RAS

Well that make very interesting reading. Thanks all, will keep that tucked away for the future.

Larumbelle

High Court Enforcement Group Ltd

are, as others have siad, a DCA who also have bailiffs. They have bailiffs and collectors working for them who are also high court enforcement officers, but they do a lot of private work as well, so this is not necessarily because of a court judgement.

Don't forget you are allowed to demand identification from any bailiff, and proof that they have authority from the court to collect the debt. Also certification if required for the debt in question.

rog2

silvercharming wrote: »

High Court Enforcement Group Ltd

are, as others have siad, a DCA who also have bailiffs. They have bailiffs and collectors working for them who are also high court enforcement officers, but they do a lot of private work as well, so this is not necessarily because of a court judgement.

Don't forget you are allowed to demand identification from any bailiff, and proof that they have authority from the court to collect the debt. Also certification if required for the debt in question.

Also - if this 'Company' are acting purely as 'Debt Collectors' in a particular case, then they should not imply that they are acting in the role of 'High Court Enforcement Officers'.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Their 'role' should be clearly stated. Their 'company name' could give an ambiguity to their actual function and could be seen as 'misleading' the 'debtor'.

fermi

But neither is it "safe" to assume that this is not a valid action on a writ from the High Court.

jimm24 needs to get some professional advice to that it can be reliably determined what the action/threat is.

The idle speculation here is not helping them.

Larumbelle

fermi wrote: »

The idle speculation here is not helping them.

Agreed. Jimm24, I would recommend National Debtline as first point of call: 0808 808 4000

RAS

Absolutely. Unless we can see all the paperwork, we cannot be sure and jimm needs to see a professional advisor/lawyer ASAP.