Podcast
Questions and Answers
What is the primary role of an enforcement agent (EA)?
What is the primary role of an enforcement agent (EA)?
- To authorize High Court Writs of Execution
- To represent claimants in legal proceedings
- To dispense justice in criminal cases
- To take control of goods from a debtor who has not paid (correct)
Who appoints a judge?
Who appoints a judge?
- The enforcement agent's company director
- The Lord Chancellor on behalf of the King (correct)
- The High Court Enforcement Officer
- The Lord Chief Justice
What distinguishes a High Court Enforcement Officer (HCEO) from an enforcement agent?
What distinguishes a High Court Enforcement Officer (HCEO) from an enforcement agent?
- HCEOs can only enforce low-value judgments
- HCEOs are authorized to enforce Writs of Control and Writs of Execution (correct)
- HCEOs have no authority to control goods
- HCEOs operate under the jurisdiction of the Magistrate's Court
What is contained in a controlled goods agreement (CGA)?
What is contained in a controlled goods agreement (CGA)?
What is a liability order used for?
What is a liability order used for?
Which of the following describes the role of a magistrate?
Which of the following describes the role of a magistrate?
What is a significant factor in the business operations of enforcement agents?
What is a significant factor in the business operations of enforcement agents?
What is the fixed fee for enforcement activities (Non High Court) related to amounts less than or equal to £1,500?
What is the fixed fee for enforcement activities (Non High Court) related to amounts less than or equal to £1,500?
How much is the Enforcement fee for an amount of debt valued at £7,500?
How much is the Enforcement fee for an amount of debt valued at £7,500?
What additional fee is added during the sale or disposal stage for an amount over £1,500?
What additional fee is added during the sale or disposal stage for an amount over £1,500?
At what stage does enforcement begin according to the described process?
At what stage does enforcement begin according to the described process?
What is the compliance fee amount defined in the fee structure?
What is the compliance fee amount defined in the fee structure?
Which of the following stages is NOT included in the enforcement activities as defined?
Which of the following stages is NOT included in the enforcement activities as defined?
What factor influences the percentage fee for an enforcement amount over £1,500?
What factor influences the percentage fee for an enforcement amount over £1,500?
What is required to calculate the enforcement fee for a High Court writ case?
What is required to calculate the enforcement fee for a High Court writ case?
What is the fee for enforcement under a High Court writ when the amount to be recovered is £5,000?
What is the fee for enforcement under a High Court writ when the amount to be recovered is £5,000?
What is the fixed Compliance fee under a High Court writ enforcement?
What is the fixed Compliance fee under a High Court writ enforcement?
Which of the following is not a type of disbursement that can be recovered from the debtor?
Which of the following is not a type of disbursement that can be recovered from the debtor?
What is the total fixed fee charged for the 1st enforcement and compliance stage together on High Court Writs?
What is the total fixed fee charged for the 1st enforcement and compliance stage together on High Court Writs?
What is the percentage fee for sales or disposals of amounts greater than £1,000?
What is the percentage fee for sales or disposals of amounts greater than £1,000?
Under what condition can enforcement agents recover disbursements from a debtor?
Under what condition can enforcement agents recover disbursements from a debtor?
If a debt amount is £8,000, what is the Enforcement Fee for NON High Court Debts
If a debt amount is £8,000, what is the Enforcement Fee for NON High Court Debts
Which of these stages does not carry a percentage fee when dealing with amounts over £1,000?
Which of these stages does not carry a percentage fee when dealing with amounts over £1,000?
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Study Notes
High Court Writ Enforcement Fees (May 2023)
- Fee Structure includes fixed fees and percentage fees based on the debt amount.
- Compliance Fee: £75.00; applicable to all debt amounts.
- 1st Enforcement Fee: £190.00; for debts over £1,000, a 7.5% fee applies to amounts above £1,000.
- 2nd Enforcement Fee: £495.00; no percentage fee separate from the fixed fee.
- Sale or Disposal Fee: £525.00; a 7.5% fee applies to amounts over £1,000.
Calculation of Fees
- For debts exceeding £1,000: Percentage fee = (Debt Amount - £1,000) x 7.5%.
- Example Calculation: On a £7,500 debt:
- Percentage fee = (£7,500 - £1,000) x 7.5% = £488.
- Total fees = £488 (percentage) + £190 (1st Enforcement) + £75 (Compliance) = £753 + VAT (if applicable).
Disbursements
- Recoverable disbursements must be reasonably and actually incurred, covering:
- Storage costs for goods removed.
- Costs related to taking control of goods.
Enforcement Agents and Officers
- Enforcement Agents (EAs): Certified individuals authorized by the court under the Tribunals, Courts and Enforcement Act 2007, typically working for companies contracted by government authorities.
- High Court Enforcement Officers (HCEOs): Authorized by the Lord Chancellor, responsible for enforcing Writs of Control and Execution related to debts over £600, excluding Consumer Credit Act judgments.
Legal Positions
- Magistrate: Appointed by the Lord Chief Justice; oversees criminal cases.
- Judges: Appointed by the Lord Chancellor, authorized to dispense justice.
- Possession Claims: Involve recovering possession of land or buildings.
Enforcement Procedures
- Taking Control of Goods: Involves an inventory and may require a Controlled Goods Agreement (CGA).
- Enforcement Stage: Activities from initial attendance to beyond the first actions taken.
- Sale or Disposal Stage: Actions from attending the property for goods transport to completion of sales.
General Fee Structure for Most Enforcement Activities
- Compliance Fee: £75.00 for all amounts.
- Enforcement Fee: £235.00; 7.5% applies for debts over £1,500.
- Sale Fee: £110.00; 7.5% applies for debts over £1,500.
- Example Calculation: On a £7,500 debt:
- Percentage fee = (£7,500 - £1,500) x 7.5% = £450.
- Total fees = £450 + £235 + £75 = £760.
Important Note
- Always verify the latest fees; amounts may change over time.
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