Frequently Asked Questions
Q. I have obtained a judgment in the High Court and want to execute it. What do I have to do?
A. You will need to obtain a sealed Writ of Execution (a Writ of Fieri Facias or Fi Fa) from the High Court. You may do this yourself or alternatively send us the judgment [together with a completed application form] and we will prepare the Writ for you. A court fee of £60.00 will be payable. If you wish us to issue the Writ for you please enclose a cheque for £60.00 for the court fee with the judgment, made payable to HMCTS (Her Majesty’s Court and Tribunal Service).
Q. I have obtained a sealed Writ of Fi Fa from the Court and now wish to enforce the judgment. What do I do?
A. Simply send it to us [together with a completed application form]and we will handle the rest FREE OF CHARGE.
Q. I have a County Court judgment for an amount in excess of £600.00 and want to transfer it for execution in the High Court. What do I have to do?
A. Send us the judgment, [together with a completed application form] and a cheque for £60.00 made payable to HMCTS. We will do the rest by completing the relevant court form (N293A) and getting it issued by the court. We will do this FREE OF CHARGE.
Q. I have completed Parts 1 & 2 of Form N293A myself. What do I do next?
A. Simply send it to us [together with a completed application form] and a cheque for £60.00 made payable to HMCTS for the court fee.
Q. Are there any other costs and charges to pay?
A. If we are successful in executing the judgment debt our fees will be recovered from the debtor.The fees are set out in the High Court Enforcement Officers Regulations 2004, Schedule 3. If we are unsuccessful you will have to pay us a fee of £60.00 plus VAT. In the event of a successful execution we will recover the full amount of the judgment debt, interest at 8% per annum and £111.75 towards the costs that you have incurred in issuing the writ.
Q. How long will the Writ last?
A. The Writ is valid for twelve months after which you can apply to extend its life for a further twelve months. We will be able to advise you as to whether, in the circumstances, it is worth doing.
Q. What will Rossendales do once the Writ has been issued?
A. Once the Writ is issued we will make a number of preliminary checks. For example, where the judgment debtor is a limited company, we will check with Companies House that the business is still in existence. We will then visit the debtor’s address to make contact with the debtor in order to gain entry and levy on the goods.
We will always try to obtain from the debtor immediate payment in full of the debt and our charges. However, the debtor may not always be in a position to pay in full and may ask for time to raise the money or offer to pay the debt by instalments. In that event the enforcement officer will take your instructions. If you agree to the Debtor’s proposals the enforcement officer will take an inventory of all the goods he will need to seize to satisfy the debt and charges but will then ask the debtor to sign what is known as a ‘walking possession agreement’. The signed agreement means that the enforcement officer will not remove the debtor’s goods provided the debtor pays the debt in full at an agreed later date or keeps up the agreed instalment payments. If the debtor defaults, the enforcement officer may then visit the debtor’s property and remove the goods.
Q. If you can’t contact the debtor when you visit his premises what happens then?
A. We will make at least three visits to the debtor’s premises. We will also make enquiries to see if he or she might be at a different address. If you are able to provide information as to the debtor’s likely whereabouts that may well speed up the process.
Q. How will I know what actions you are taking on my behalf?
A. We will provide you with regular reports updating you on the current situation on the execution of the Writ. These will be produced periodically. In addition, when there is any significant action on the execution we will inform you. [You will also be able to check the progress of your Writ on line. For example you will be able to see what progress there has been in recovering the debt including up to date instalment payments, etc.]
Q. What happens if you are unable to make contact with the debtor?
A. We will make at least three attempts to contact the debtor. If these are unsuccessful we will provide you with a comprehensive report of the actions we have taken to trace the debtor. If you are able to provide any more information as to the debtor’s whereabouts, property, etc., we will make further attempts to contact. However, ultimately, recovery may be unsuccessful and, in that event, you will be required to pay a fee of £60.00 plus VAT to cover our expenses.
Q. I have a question which is not answered here who do I contact?
A. Contact HCourt@rossendales.com 0844 7013984
Q. Can you force entry into commercial premises?
A. Yes, but we would request your instructions to do so first.
Q. Once you have collected the monies due, how long will it be before I receive them?
A. We legally have to hold the funds for 14 days. Payment will be issued after this period.
