Can High Court Enforcement Force Entry In Kent
The powers and authority of high court enforcement from Kent is greater than other court officers.
That means they can effect the below in area such as Gillingham, Chatham, or Maidstone:
Enforce high court judgment in Wales and England, including the high court writs and other writs like;
Delivery and of assistance, restitution, possession and possession and control
A County Court Judgment (CCJ) for a value of £600 or more, which has been moved up to the High Court for enforcement.
As long as the authentic claim was not controlled under the Consumer Credit Act 1974.
The restriction doesn't apply if the valued debt is £25,000 and above.
ACAS Award or Employment Tribunal .
A county court possession order or high court possession order moved to high court for implementation.
It gives the authority to HCEO from Kent and provide writ of control.
The High Court Writ of Control allows the named High Court Enforcement Officer (HCEO), from Kent to execute the claim.
Their business will get in touch and, if necessary, an Enforcement Agent will go around the debtor to ensure payment or agree a payment scheme.
The Enforcement agent can take control of the debtor's assets under this process.
The goods will be removed and sold by auction if a payment plan that is agreed isn't followed or payment is absent.
Seizure of goods for sale at auction is rarely done.
The assets can include equipment, vehicles, stock, jewellery, and other items to the judgment debt's worth plus interest (8% per annum), court charges, and execution fees.
Executive Recoveries and Enforcement In Kent, Kent Describes The Rights Of Entry & Control And Removal Of Goods
An Enforcement Agent and a Enforcement Officer of High Court are given access to land by the High Court control writ without any invitation and they are able to enter buildings on that land.
This is for the sake of getting payment in full and if a plan for payment cannot be decided upon, the Enforcement Agent/High Court Enforcement Officer has the power to take control of the goods and assets.
To meet the worth of the debt owed, these goods could be auctioned off.
The products sold at auction frequently dip far below the market rate.
So, the enforcement agents will always have this in mind when confiscating the goods.
This all aimed at ensuring the debtor pays in full or agrees on a payment plan.
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Residential - Peaceful Access
An Enforcement Agent from Kent cannot forcefully enter a residential property.
Entry must be peaceful on first contact.
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.
Also applies to merged businesses and residential buildings.
Commercial Buildings - Forcible Entry
The company that recruited the High Court Enforcement Officers (HCEOs) in Kent will always give the business occupier enough time to peacefully allow the Enforcement Officer into the premises.
The Enforcement Agent or High Court Enforcement Officer from Kent can force entry into the premises that are commercial if required provided there is no attached accommodation for living.
Normally, an advance order is served to the defaulter.
Where forced entry happens, the High Court Enforcement business will re-secure the premises to the same principle as was previously.
What belongings can the High Court Enforcement Officers take?
HCEOs in Kent, as specified by the Boards Courts Enforcement rules, may only be allowed to seize items belonging to the defaulter.
Enforcement Officers in Kent cannot take away the certain goods.
Which are important to the defendant and his family's specific domestic needs, for example clothes, bedding, furniture and other appliances.
All products that represent "export instruments" intended to the defendant's specific use in his company or occupation with a limit of £ 1350 e.g. Instruments, media, vehicles and other appliances.
Goods that belong to some other person other than the defendant/debtor, Such goods are called "The Third Party".
Items that are on hire acquisition or are rented out or on rental arrangement, such as vehicles.
Items that have been seized already by some other County Court Bailiff, Enforcement Agent or High Court Enforcement Officer in Kent.