Can High Court Enforcement Force Entry In Hartlepool
(HCEOs) High Court Enforcement Officers from Hartlepool compared to other court officers maintain more powers.
It shows that they have the ability to execute any of the following in the locations of Croft on Heugh, Dalton Piercy, or Bellevue:
In England and Wales, they can execute a High Court Judgment. Usually, they deal with the High Court Writ, as well as Writs of:
Possession and Control, Possession, Restitution, Delivery and of Assistance
A County Court Judgment (CCJ) for £600 and above value, which has been transferred up to the High Court for enforcement.
A condition is that the actual claim has not been supervised under Consumer Credit Act of 1974.
However, this restriction is not applicable for judgement debts around £25,000 or higher.
An ACAS Award or Tribunal of Employment.
A County Court Possession order or High Court Possession Order transferred to the High Court for Enforcement.
The powers an order of control gives HCEOs from Hartlepool power.
The High Court Writ of Control provides for the prosecution of the allegation by the appointed High Court Enforcement Officer (HCEO) in Durham.
Their firm may call and if necessary, an enforcement officer will go to the debtor and recover the debt or sign a payment agreement.
The enforcement agent is empowered to take over their assets through the process.
The belongings can be removed and sold by auction when the debtor doesn't come up with an agreed payment plan or doesn't make payment for the debts.
In reality, withdrawing items for sale at auction is a rare event.
The collateral may include the amount to be paid by the plaintiff of the judgment plus, interest (calculated at 8% annually), court fees and compliance expenses of cars, supplies, jewellery, inventory and other items.
Executive Recoveries and Enforcement In Durham, Hartlepool Discuss The Rights Of Entry & Control And Removal Of Goods
Without being invited, the High Court writ of control empowers the High Court Enforcement Officer and their selected Enforcement Agent to enter land and buildings.
The purpose of this is to obtain the full payment, and when this is not possible and no repayment plan agreed, to confiscate the goods and assets of the debtor by the Enforcement Agent/High Court Enforcement Officer.
These can be removed and sold via public auction to recover the pending debt.
Worthy of mention is that the goods and assets sold by auction are usually below the market prices.
Therefore the Enforcement Agent will have to keep this in mind while taking control of goods.
This is why the debtor is always advised to pay whatever they owe or arrive at a repayment plan.
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Residential - Calm Access
An Enforcement Agent from Hartlepool cannot forcefully enter a residential property.
They need to be first getting peaceful entrance.
They can later return and gain access forcefully should they feel it's a must, for instance if the debtor has breached the agreement terms from the initial visit.
This also applies to a connected residential and company premises.
Forcible Entry - Business Premises
A business, like Court Enforcement Services in Hartlepool, will always provide the company with plausible time and chance to let peaceable entry by the Enforcement Agent.
In case the business property doesn't include a residential attachment, the HCEO or Agent from Hartlepool may apply force if need arises.
Prior notice is usually given to the debtor in such instances.
The High Court compliance agency must re-insert the property to the same level as was historically acceptable where forced entry takes place.
What goods can High Court Enforcement Officers Seize?
As stipulated by the Tribunal Courts Enforcement regulation, High Court Enforcement Officers in Durham can only take control of goods that belong to the debtor or defendant.
The following products will not be seized by enforcement officers in Hartlepool.
Which are important to the defendant and his family's specific domestic needs, for example clothes, bedding, furniture and other appliances.
Tools of trade- the goods that are under the use of the debtor for his trade or profession and have the value of £1,350 maximum for instance books, vehicles, etc.
Goods belonging to some other person other than the defendant/debtor. Such goods are called "The Third Party".
Goods that are on rental agreements or leased or on hire purchase agreements such as cars.
Assets already confiscated by another county court bailiff in Durham, HCEO or enforcement agent.