As High Court Enforcement Officers, Burlington are able enforce judgments issued in England and Wales. We can enforce judgments obtained in the High Court and almost any judgment issued in the County Court (where the amount is over £600.00).
When we attend to enforce a judgment, we attend with a High Court writ that allows us to seize remove goods belonging to the Defendant if payment of the judgment amount isn’t made.
If you have a judgment from the High Court, we can act to enforce immediately. If your judgment has been awarded in the County Court, we will arrange for the transfer the case to the High Court for £45 (inc VAT), so that we can act on your behalf. We can transfer the case for free, but when we apply for a writ there is a £66.00 disbursement payable to HM Courts and Tribunal Service. This disbursement must be paid in advance but is recoverable from the Defendant upon successful enforcement.
The transfer process usually takes around 10-14 days, but this largely depends upon County Court turnaround times and it may take longer. We offer an Express Transfer Service, which can reduce lead times to under five days. We would be happy to provide you with a quote if you are considering using the Express Transfer Service.
In order to proceed with enforcement, we will need:
Once we have received the writ, we will send out the required notice of enforcement action to the defendant. Once the notice period had elapsed (after 7 days + 5 days for service), one of our Enforcement Officers will be dispatched to attend the Defendant’s address.
Once on site, our Enforcement Officer will seize goods belonging to the Defendant and will request payment of the amount due under the writ. If the Defendant is unable to pay in full, we will make a short-term payment arrangement to clear any balance.
We will generally only remove goods if the Defendant cannot make payment or if the goods we have seized are at risk.
Our fees are generally payable by the Defendant in accordance with Taking Control of Goods (Fees) Regulations 2014. These regulations allow us to charge our fees in addition to the judgment debt where we are successful.
At the time of instruction, we will charge you an upfront cost of £195.00, which includes the cost of obtaining the Writ as well as our costs for attendance. Upon successful enforcement, the full amount you pay is recoverable as the Defendant pays the enforcement fees and the court fees. However, if, when we attend, it becomes clear that the Defendant is unable to pay and that he does not have sufficient goods to cover removal and sale costs, these costs will not be refunded.