LLAW96 Posted February 5, 2012 Report Share Posted February 5, 2012 Having been asked by a member if there was any quicker way to enforce a possession order, I thought I would share my thoughts. Most of us have come across the problem of the delay between a possession order being granted and a warrant being enforced by the County Court Bailiff. There is a quicker resolution (if not more expensive) through the High Court Sherrif. In most cases the High Court Sherrif''s office can enforce a warrant in 7-14 days. You will find that they are more professional than a county court bailiff and they take no prisoners. There is a saying that the county court bailiff knocks the door and then goes away, the High Court Sherrif kicks off the door and takes it with them, this is not far from the truth. The current fee for a county court bailiffs warrant is £110.00, the cost in the High Court is £325.00, dont balk at this sum as if you take into account lost rent through delay its actually costs effective. The quicker execution is particularly useful in the run up to Christmas when there is a warrant amnesty. The procedure to enforce in the high court is administrative all you do is use s.42 County Court Act to transfer the claim for enforcement once you have obtained your order for possession. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted February 5, 2012 Report Share Posted February 5, 2012 Good information LAW, thanks. Is there similar advantage in using this principle for failed payment after a County Court award ? Link to comment Share on other sites More sharing options...
Grampa Posted February 6, 2012 Report Share Posted February 6, 2012 Good info Law thanks. N325 is the normal court form what is the form for using the High Court Sherrif? Link to comment Share on other sites More sharing options...
LLAW96 Posted February 6, 2012 Author Report Share Posted February 6, 2012 Provided the liquidated debt is £600.00 or more you can enforce in the High Court using a combined certificate of judgment N293. If you want to enforce a debt the high court is the best way to go, the High Court Sheriff will do their homework they get their fees from the payer, they will check DVLA records etc like I said they don't take prisoners. I will check the form for requesting enforcement of a possession order. Link to comment Share on other sites More sharing options...
LLAW96 Posted February 10, 2012 Author Report Share Posted February 10, 2012 Having checked the point, you use form N293 for requesting the writ of possession, this is then passed to the Sheriff for enforcement. Note you still need your tansfer to the High Court under s.42 County Court Act. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted February 10, 2012 Report Share Posted February 10, 2012 The situation I had in mind for the 'High Court' was a County Court "Judgment or Order" of 4th August 2010 for the Defendant to pay £750 at £20 per month. It's no surprise that I haven't had any of it. I guess as it's only £360 of unpaid instalments I would need to let this accrue to £600 to be able to use this method ? Link to comment Share on other sites More sharing options...
LLAW96 Posted February 10, 2012 Author Report Share Posted February 10, 2012 You can enforce the debt if it is £600 or more, so you will be able to use the procedure. Link to comment Share on other sites More sharing options...
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