CCJ Unpaid – Why Transferring Up to the High Court for Enforcement Can Save You Money & Time
The cost is very reasonable to transfer a County Court Judgment (CCJ) to the High Court for enforcement. Especially when we consider the time and effort already spent beforehand to obtain a CCJ. And even though the claimant is in possession of a Warrant of Execution, the debt is frustratingly still unpaid!
The CCJ to qualify for transfer up to the High Court for enforcement by a High Court Enforcement Officer (HCEO) must be £600 or above, including fees & costs, and less than 6 years old.
The following information will clarify the actual costs which is payable by the claimant (the person or organisation that is seeking payment). We will also show which of these are recoverable and will be added to the total, and the debtor/defendant (who owes the money) will be asked to pay.
Court enforcement costs and fees are set in law and recent legislation has simplified their application to the process. In effect this has made all financial aspects more transparent for both the claimant and debtor alike.
Court Fee – £71 (Recoverable for the debtor)
For a claimant who is considering transferring up the County Court Judgment, a court fee of £71 will be payable. This is also added to the amount owed and is recoverable from the debtor should the enforcement be successful.
Transfer Up Administration – No cost by Court Enforcement Services
Apart from the Court Fee*, the administration of transferring up to the CCJ to the High Court, is usually undertaken by an authorised company such as Court Enforcement Services is at no cost to the claimant – Free!
*If the claimant instructs our company, then the Court Fee is payable to Court Enforcement Services. Instructs us online
This means that the company’s High Court Enforcement Officer can apply for a Writ of Control. The writ allows their High Court Enforcement Officer to have greater powers to enforce, compared to the County Court’s Warrant of Execution. The writ enables the HCEO to enforce the claim by contacting and visiting the debtor to take control of (and sell if required) their assets. The assets that can be included are vehicles, equipment and other goods to the value of the judgment debt plus, interest (calculated at 8% per annum), court fees and costs.
Compliance fee £75 +VAT
The only other cost the claimant needs to be aware of is in the event of an unsuccessful enforcement action – called a compliance fee £75 +VAT. This arises when the debtor has no assets of any value, is in insolvency or is no longer at the known address and further enquiries haven’t yet been able to find the debtors current location. The claimant will be invoiced by the High Court enforcement company to pay the Compliance Fee, although a company such as Court Enforcement Services could continue to pursue the case, using alternative enforcement strategies.
Did you know that prior to 2004 High Court Enforcement Officers used to be known as High Court Sheriffs and Sheriff Officers? More