Benefits of Transferring a County Court Judgement to High Court

Transferring a County Court Judgement to High Court

If you want to increase the likelihood of collecting the entire amount you are owed, consider transferring a County Court Judgement or CCJ to the High Court. You are likely to collect what your debtors owe you successfully through this option. In addition, it is more effective and affordable than using County Court Enforcement Officers. Another benefit is that, with High Court Enforcement Officers, you are only expected to pay after the results.

One vital factor likely to determine if you can complete the process of transferring up a CCJ is whether the judgment exceeds £600, which includes the debt plus the court costs. In addition, the judgment should be less than six years old. Find out more here, how long can a debt be chased in the UK?

What is the Role of High Court Enforcement Officers?

High Court Enforcement Officers are allowed to execute a Writ of Control (previously called a writ of fieri facias or fi fa) as handed out by the High Court. It implies they can force their entry into commercial establishments without giving any prior notice to the debtor. The goal of a Writ of Control is to provide the only legal means of taking custody of the debtor’s goods and auctioning them to get the required money to settle the money judgment.

The role of High Court Enforcement Officers is to help you address issues involving different forms of debt-related concerns through the recovery of outstanding loans, repossessing land, and evictions.

How do High Court Enforcement Officers Use a Writ of Control?

Numerous scenarios can compel a High Court Enforcement Officer to use a Writ of Control to recover your outstanding debts. However, the Officer must observe the National Standards for Enforcement Officers when dealing with different types of premises, as indicated below.

Residential Premises

The High Court Enforcement officer is barred from knocking down a door to a residential house when looking to gain entry to the premises; also, they cannot climb through open windows. However, they are allowed to climb walls and go over perimeter fences to enter the residential property's compounds. The High Court Enforcement officer can only enter a residential property through an already open door.

Commercial Property

The High Court Enforcement Officer has greater freedom when accessing a commercial establishment. They can gain access forcefully, provided the commercial establishment is not joined to a residential house. The High Court Enforcement Officer needs to have a legitimate reason to think there are valuable goods in the establishment that can be auctioned to recover the outstanding debts.

What is the Cost of Transferring a County Court Judgement (CCJ) to the High Court?

To transfer a CCJ to the High Court, the total outstanding debts must exceed £600. You will be expected to pay a court fee of £66 at the beginning of the transfer process. However, this amount can be recovered from the debtor and the fees you will pay to the specialist enforcement company you work with. The application of the transfer process requires between 10 and 14 working days.

After the transfer process, the High Court Enforcement Officer gives written notice to the debtor to pay the outstanding debt or respond within seven days. This stage is called the compliance stage; at this point, you owe £75, which will be charged to the debtor.

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