Transfer Up
RCU is the Country’s leading Clearing House for the Transfer Up and Administration of Commercial (Business to Business), Writs of Control / High Court Writs.
According to The Federation of Small Businesses (FSB), £23.4 billion worth of late and unpaid invoices are owed to firms across Britain, impacting on business cash flow and ultimate survival.
The FSB further adds that around 50,000 businesses close every year due to late and non-payment of invoices, damaging Britain’s prosperity, and threatening jobs.
Small businesses account for two-thirds of the United Kingdom’s private sector employment and more than half of business turnover. Both late and non-payment of invoices impact (in equal measure), their bottom line, which can hold back investment or job creation and, in the worst cases, lead to job losses and business closures.
Remote Court Users stands ready to help!
Recovering Your Debts Through Court
Recovering Your Debts Through Court
SME’s and Claimants
SME’s and Claimants
Debt Recovery Solicitors, Local Authorities, Utilities, and Debt Collection Agencies (DCA’s)
Debt Recovery Solicitors, Local Authorities, Utilities, and Debt Collection Agencies (DCA’s)
High Court Enforcement Partner Panel
High Court Enforcement Partner Panel
Transfer Up Process Clarified
When it comes to your business reputation, Remote Court Users are the professional’s choice.
The Business Guide to High Court Enforcement – Outstanding debt is a fact of business life and High Court Enforcement offers effective recovery by reputable and licenced professionals.
What is High Court Enforcement? – High Court Enforcement is the top tier of debt recovery available to businesses in England and Wales. Whether a firm has debts to collect or contract disputes to resolve; they can achieve these aims with the backing of the High Court through its enforcement officers.
Why use High Court Enforcement to recover my business debt?- It is effective: High Court Enforcement Officers are appointed by the Lord Chancellor and have more authority than bailiffs and other debt collection agencies. As licenced professionals they are regulated and have the right to forcefully seize a debtor’s goods and sell them to the benefit of a creditor.
It is reputable: Company image is important – don’t take risks in this sensitive field by employing a debt recovery agent who doesn’t offer the security and reputation of being authorised by the Lord Chancellor.
Why Remote Court Users? – RCU are the Country’s leading Clearing House for the Transfer Up and Administration of Commercial (Business to Business) Writs of Control / High Court Writs. As the market leaders, RCU offer the most cost-effective method of debt recovery through the courts. Our national infrastructure and bespoke IT network enable us to absorb many costs that others charge their clients, allowing us to pass on savings for a service that is second to none.
RCU act for their clients in what are often difficult situations. Despite this we deliver a secure and effective service you can trust to represent your organisation with the highest level of professionalism, sensitivity, and expediency.
How can my business access this service? – High Court Enforcement Services can be accessed directly through our client Portal once you have issued proceedings and obtained a judgment (minimum non-regulated monetary judgment value £600).
Alternatively, businesses can complete the relevant documents at court or online at www.moneyclaim.gov.uk. Want to learn how? See our training courses.
Claim forms allow business or their legal representative to apply for an order for judgment.
In 85% of cases judgment is a formality. This enables creditors to issue a Writ of Control directed to their chosen authorised officer so that enforcement may begin, allowing debts to be recovered.
Who pays for this service? – If RCU (through your chosen High Court Enforcement Officer HCEO), are successful in recovering all or part of the money owed, then the debtor pays the HCEO’s fees. (See HCEO fees below)
If for some reason recovery through your chosen HCEO is unsuccessful, then in such circumstances, RCU will absorb the HCEO’s Abortive Fee (currently £75 plus VAT), so there is nothing further for you to pay!
All we require is a copy of the judgment together with the court fee. We will apply to the court (on your behalf), to transfer your County Court judgment to the High Court and thereafter instruct your chosen HCEO. We will manage your case with the HCEO and see it to conclusion, saving you time, trouble, and expense.
HCEO Fees under a Writ of Control / High Court Writ
Fee Stage | Fixed Fee | Percentage of sum to be recovered exceeding £1000 |
Compliance stage | £75.00 | 0% |
First enforcement stage | £190.00 | 7.5% |
Second enforcement stage | £495.00 | 0% |
Sale or disposal stage | £525.00 | 7.5% |
NB: The first enforcement stage is triggered by the HCEO’s first visit; any visits made after the first visit but up to and including an attendance to remove goods are covered within the second enforcement stage.
Please be mindful that once RCU are instructed, HCEO fees are payable (immediately by you), if you subsequently and directly come to an arrangement with your debtor. Such fees should be factored into any agreement.
Recovering your debts through court
Recovering debts through legal proceedings at court should be regarded as a last resort, and only be considered once all other avenues of debt recovery have been explored.
You have two options:
1. Instruct a solicitor
Instructing a solicitor is a good option if you do not have time to deal with the matter yourself. The advantage with this option is the direct access to legal advice at every stage of the proceedings, but of course this will be reflected in the cost. A solicitor will issue proceedings on your behalf, deal with any correspondence, liaise with the courts, attend hearings, construct legal arguments, and give guidance when it comes to enforcing your judgment.
2. Issue proceedings yourself
Issuing proceedings, yourself is a good option if you wish to eliminate the costs of a solicitor, and if you have the time to deal with the matter yourself.
The following link below will direct you to the homepage of His Majesty’s Courts and Tribunal Service (HMCTS), Money Claim Online, which enables businesses to issue a claim online. Select ‘I am a Claimant’, then select ‘I am a new customer’ and follow the online instructions. You will need to register as a customer to be able to process your claims online.
https://www.gov.uk/make-court-claim-for-money
RCU recommends you send your debtor company a Letter Before Action before pursuing option 2.
Enforcement Measures
Once you have obtained judgment, there are several options for enforcing the judgment when your debtor still refuses to pay. By far the most effective type of enforcement in England & Wales is enforcement by High Court Enforcement Officers (HCEO’s).
In order to take advantage of this type of enforcement the original judgment must be for a minimum of £600.00 (including costs) and must be transferred from the County Court up to the High Court, where a Writ of Control (also known as a High Court Writ) is issued. The Writ of Control allows your chosen HCEO to seize goods owned by the debtor company of sufficient value to satisfy the debt, and in this way the Writ is used to recover the monies owed to you.
RCU can transfer the matter up to the High Court for you, and once the Writ is issued by the Court, we can then instruct your chosen HCEO and thereafter administer the action to conclusion directly with the HCEO.
An SME’s and Claimants’ Guide to High Court Enforcement Officers (HCEO’s).
All we require is a copy of the judgment together with the court fee. We will apply to the court (on your behalf), to transfer your County Court judgment to the High Court and thereafter instruct your chosen HCEO. We will manage your case with the HCEO and see it to conclusion, saving you time, trouble, and expense.
Getting Started
We mention solicitors below (but the same applies if you have issued proceeding yourself against your debtor company).
My solicitor has recommended that I pursue an action through the High Court. What does this involve?
When your solicitor advises you to pursue debt recovery through the High Court, the enforcement of your county court judgment will be undertaken by a High Court Enforcement Officer (HCEO). A HCEO is an individual who has been personally appointed by the Lord Chancellor to enforce the commands of the High Court of England & Wales.
How does my solicitor instruct a High Court Enforcement Officer?
Once your solicitors have issued proceedings on your behalf and thereafter obtained a judgment (your solicitor will usually complete a claim form in the County Court putting forward your case (there is no upper monetary limit to issuing proceedings in the county court). If necessary, a Judge will decide if your application is legitimate, and if so, issue a County Court Judgment (CCJ).
Your solicitor may then transfer your judgment up to the High Court for enforcement (Remote Court Users offer a free Transfer Up Service). We will transfer your county court judgment to the high court (obtain a Writ of Control / High Court Writ), thereafter instruct your chosen HCEO on your behalf, and administer the case to conclusion, saving you time, trouble, and expense.
If you have a preferred and chosen HCEO, RCU will instruct them, all such HCEO’s must be registered on our HCEO Partner Panel.
The most common Writs issued at court are Writ of Control. The Writ of Control is used to recover money owed to you.
Once my solicitor has obtained a Writ, what happens next?
When your solicitor receives the Writ, they will forward it to an Authorised High Court Officer of their choice (typically an officer or agency they have a preexisting professional relationship or understanding with). Once the Writ is received by the HCEO, checks will be made that the Writ has been sealed by the court. This is essential, as an unsealed Writ may not be enforced.
The debtor’s company address is checked against Post Office records for accuracy. The Writ is additionally checked against their own records to see if they are currently or have previously enforced any Writs against the same debtor company. At this point any relevant information will be added to the case notes for your Writ.
All HCEO’s also carry out an insolvency check to see if the debtor company is in liquidation or administration.
After these checks have been made, the HCEO will forward to the debtor company, a Formal Notice to Attend. The Writ is then electronically distributed to one of their nationwide networks of officers. Once received, the officer will attend the address endorsed on the Writ. (This procedure differs depending on your choice of HCEO, as some have local coverage whereas others have national coverage).
The Enforcement Process
What happens when the Officer attends the Writ address?
When attending the Writ address, an officer will seize goods of sufficient value to satisfy the Writ where possible. This means that legal custody of goods transfers to the named officer on the Writ.
At the point of seizure, the debtor company is given a Walking Possession form to sign, this means that officer can leave the assets at the Writ address, whilst still retaining legal possession of them and eliminating removal and storage costs until necessary. This also gives the debtor company time to arrange payment of the debt. The HCEO’s authority to seize property encourages the debtor company to pay or risk losing their assets.
What happens when a debtor company fails to pay?
If a debtor company fails to pay after ongoing personal attendances, telephone calls, letters, and text messages then the HCEO will exercise his or her right to sell the goods seized. They will only sell goods they have seized from a debtor company if other methods to exact payment of the debt have been exhausted, and in the instance that the sale of goods will benefit the creditor.
How do HCEO’s value seized items?
HCEO’s make estimates when levying (or taking control of), goods, which is based on their commercial knowledge and experience. However, due to the specialist nature of some seizures, levied goods may additionally be valued by an expert.
How do HCEO’s sell goods seized from the debtor company?
Items, which have been seized by HCEO’s, can either be sold via a public auction, by private treaty or an onsite sale.
Most items are sold at a public auction where HCEO’s are not entitled to put a reserve on the goods. Where the goods are of a high value or of a specialised nature, HCEO’s may choose to sell goods at a specialist auction or by private treaty. This sale method is only employed if the officer believes it will offer a greater return for you than if assets were to be sold by public auction.
How much does it cost for a HCEO to sell goods on my behalf and who pays for this service?
The sale of goods either by public auction or by private treaty will incur court costs and expenses, which will vary dependant on the circumstances of each individual case. The debtor pays for this service in fees added to the Writ.
Please be mindful that once RCU are instructed, HCEO fees are payable (immediately by you), if you subsequently and directly come to an arrangement with your debtor. Such fees should be factored into any agreement. See the HCEO fees here.
Are there any circumstances in which the HCEO cannot seize or sell goods found at the Writ address?
Yes. The HCEO may not seize and sell goods found at the Writ address for the following reasons:
- The officer may not seize an individual person’s goods which are either essential to their work or their basic domestic needs. However, this does not apply if the debtor is a limited company.
- The officer may not sell goods seized at either a commercial Writ address or private residence if a third party formally lays claim to the goods in writing and the claim has been accepted by you, the HCEO or the High Court.
When an officer seizes goods that do not belong to the debtor company named in a Writ it is technically a trespass and is actionable at law.
If a third party claims the goods seized by the officer in writing, then you are given 7 days to admit or dispute the claim. The reason that you are given such a short space of time is due to court rules designed to protect you from legal action. Therefore, a speedy response to a third-party claim is essential.
The HCEO can avoid being sued for the return of the goods or damages by sending you or your solicitors an Interpleader Notice. This requires you to admit that the person claiming the goods is telling the truth and is the owner of the seized goods, or to dispute the statement.
Where you admit the claim then your HCEO will withdraw from possession and will have no further dealings with the goods.
If you dispute the claim, your chosen HCEO will need to issue court proceedings called an Interpleader Action. This is heard in front of a Judge. You and the person claiming the goods must then attend court and give evidence. You must prove the debtor company owns the goods, whilst the person claiming to own the goods must prove that they do. The Judge will decide who is telling the truth and make an appropriate order. The winner usually gets their costs paid by the loser – It is noteworthy that the debtor company is not involved in such proceedings.
If you do not have a preferred or chosen HCEO, we will be delighted to place your case with one of our Registered HCEO’s from our HCEO Partner Panel.
Are there any circumstances where HCEO’s cannot enforce?
Yes. There are several circumstances which may prevent a HCEO from enforcement of a Writ of Control / High Court Writ:
It is not possible for an officer to enforce a Writ, which has occurred as the result of debt, which is classed under the Consumer Credit Act 1974 (as amended), otherwise know as Regulated debt.
- Officers are not authorised to enforce a Writ at a royal residence or diplomatic premises.
- It is not always possible to force entry to a Writ address. Debtor companies have the right to refuse access to an officer, providing that the Writ address is a private residence, or combined business and dwelling. The officer does however have the right to forcefully enter a business premises providing that they secure it to at least the same standard as when they first attended.
- If a debtor company has entered a Company Voluntary Arrangement (CVA), the officer cannot normally begin enforcement proceedings. If action has already commenced when an CVA takes place, the officer cannot continue enforcement. The only circumstance under which the officer may begin enforcement proceedings or continue with action if they have already started is if the debt on the Writ has been excluded from the CVA.
HCEO’s may not enforce a Writ, which has expired. RCU can help if the Writ has expired or is more than 12 months old.
We can make an application to the court on your behalf:
- HCEO’s are not authorised to execute a Writ if a Writ of Control (in the High Court), or a Warrant of Control (in the County Court), have been previously issued. In this context ‘execute’ means selling goods seized. The court prioritises Writs by the date they are issued. In the instance that a debtor company has more than one Writ against them at any one time, they must be executed in date order. A debtor company may have a Warrant of Control against them that is being executed by a County Court Bailiff. This document is the equivalent of a Writ of Control but is issued in the county court. Warrants and Writs against the same debtor company at the same address are prioritised by date; the earliest issued document having the most priority, the rest must be enforced in order of the date they were issued by the court.
What Can I do To Help RCU and my chosen HCEO get the best recovery possible?
- Provide RCU with as much information as possible about the debtor company, including their full name and address as well as the nature of their business, and any goods you are aware of at the Writ address, particularly those of a valuable or specialist nature or any that you have supplied.
- Try to check that the debtor company is not insolvent. This information can be accessed via the Companies House website if the debtor company is a limited company: https://www.gov.uk/find-out-if-a-company-is-in-financial-trouble
- Keep your Writ of Control / High Court Writ valid. Writs expire 12 months from the issue date, and your HCEO may not enforce a Writ, which has expired. If enforcement is ongoing for longer than one year it is important that you instruct RCU to renew the Writ if it is still valid or to re-issue the Writ if it has expired.
- Inform RCU of the outcome of any court hearings relating to the Writ, in particular any applications for judgment to be set aside or a stay of the Writ made by the debtor company or their legal representatives.
- Advise RCU if you receive any payments from the debtor company towards the Writ debt immediately!
You have absolutely nothing to lose; If for some reason recovery through your chosen HCEO is unsuccessful, then in such circumstances, RCU will absorb the HCEO’s Abortive Fee (currently £75 plus VAT), so there is nothing further for you to pay!
Debt Recovery Solicitors, Local Authorities, Utilities, and Debt Collection Agencies (DCA’s)
When it comes to your client’s reputation, Remote Court Users are the professional’s choice. RCU is the Country’s Leading Clearing House for the Transfer Up and Administration of Commercial (Business to Business), Writs of Control / High Court Writs.
All we require is a copy of the judgment together with the court fee. We will apply to the Court (on your client’s behalf), to transfer your County Court judgment to the High Court and thereafter instruct your chosen HCEO. We will manage your case with the HCEO and see the matter to conclusion, saving you time trouble and expense.
Why use RCU’s Transfer Up Service:
- We deal with your instructions on a first come, first serve basis and on the day of instruction (providing your instructions are received by 1pm on any weekday).
- We acknowledge instructions on the day of receipt (providing your instructions are received by 1pm on any weekday).
- We claim your solicitors’ costs on transfer and remit this amount to you upon successful collection from the debtor company, also known as Execution Costs (currently £51.75).
- You choose your preferred HCEO agency (all HCEO agencies must be registered on RCU’s High Court Enforcement Partner Panel).
- We instruct your chosen HCEO on your client’s behalf and thereafter manage the process from start to finish.
- We report the progress of matters to you in both a regular and timely manner.
- We remit all monies (we receive), from the HCEO to you on a regular basis. The HCEO will only release monies to us after a period of 14 days have elapsed (from receiving funds from your debtor company). This ensures that any money paid over to you is considered cleared funds and cannot subsequently be clawed back under any Insolvency process for the benefit of the debtor company’s other creditors.
- RCU actively promotes trust, conflict resolution, commitment, accountability, and positive outcomes with all we work with.
- If for some reason recovery through your chosen HCEO is unsuccessfully RCU will absorb the HCEO’s Abortive Fees (currently £75 plus VAT), so there is nothing further for your client to pay! Instructing RCU makes the HCEO enforcement option the cheapest and most expedient option open to your client.
Quality should be a given, not a differentiator.
RCU’s Standing Instructions for HCEO’s (as this will ensure an expeditious roadmap for conclusion of your case):
- We require all HCEO’s to issue a Notice of Enforcement be sent to the debtor on the same day as they receive instructions.
- All HCEO’s to attend the debtor’s premises (first visit), at the first available opportunity.
- All HCEO’s will attend the debtor’s premises on at least three occasions at different times of the day (to include out of hours visits where required).
- All HCEO’s are instructed to recover payment in full at the first visit.
- All HCEO’s to provide a detailed inventory of all the debtor’s goods and assts.
- All HCEO’s to provide a detailed written report.
- If the debtors’ goods cover the cost of removal and sale, the debtors good should be seized and removed.
- Instalment arrangements will only be considered if the debt and costs are recovered within a six-month period.
- HCEO’s to admit all third-party claims to the debtors’ goods and assets (if a claim is made to the debtors’ goods by a third party). Clients will not be expected to engage in Interpleader Proceedings. In such circumstances HCEO’s are expected to close their file in order that alternative forms of enforcement can be considered by the client and their legal team.
- We ensure RCU has access to your chosen HCEO’s online client case management system, this will ensure RCU is able to review the progress and financial position of any case in the HCEO’s care and control (your chosen HCEO will require your consent to such access).
- All HCEO’s to report the current position on live matters in their care and control once every 14 days or sooner if there is something significant or material to report.
- All HCEO’s to remit all (cleared funds), monies successfully recovered from your debtor (immediately after the Insolvency Period of 14 days has elapsed ).
- All cases to be concluded within six months of initial instruction. This will ensure all clients together with their legal representative can fully consider alternative forms of enforcement open to them in a timely manner.
- RCU’s expectation is that all HCEO’s will work expeditiously, whilst demonstrating reliability, professionalism, integrity, and sensitivity in equal measure, and being alive to debtors’ vulnerabilities. This is in line with the Enforcement Conduct Board (ECB), an independent oversight body for debt enforcement in England and Wales. Its mission is to ensure fair treatment and protection for those facing enforcement action.
Don’t be a lawyer, be the author of your client’s personal story!
If you have an existing relationship with a particular HCEO, this relationship will be protected and only your chosen HCEO will be instructed on your behalf. Alternatively, if you do not have a preferred HCEO, we will be delighted to place your case with one of our Registered HCEO’s from our HCEO Partner Panel.
NB: If registered for VAT Clients, Claimants and Creditors can claim the VAT element on HCEO’s Enforcement Fees (in successful cases), directly from HM Revenue and Customs (HMRC).
Please be mindful that once RCU are instructed, HCEO fees are payable (immediately by your client), if your client subsequently and directly comes to an arrangement with the debtor company. Such fees should be factored into any agreement. Find the HCEO Fees here.
High Court Enforcement Partner Panel
When it comes to your client’s reputation, Remote Court Users are the professional’s choice. RCU is the Country’s Leading Clearing House for the Transfer Up and Administration of Commercial (Business to Business), Writs of Control / High Court Writs.
Why join RCU’s High Court Enforcement Partner Panel?
- Protect existing client relationships.
- Downsize or redeploy internal client services, administration and finance activity.
- Cease paying expensive 3rd party (white labelled), services for all your Transfer Up requirements for existing clients. Use RCU at no additional cost!
- Your client is entitled to execution costs of £51.75. We claim such costs on Transfer and ensure this sum is paid to your client in full (in all cases where recovery is successful).
- Increase HCEO Enforcement productivity.
- Increase profitability.
- Benefit from using RCU’s proprietary software to place cases with you on a HCEO business centric rather than a HCEO officer centric basis (where instructions are received with no specific HCEO business / officer named).
- RCU will absorb all HCEO Abortive Fees (currently £75 plus VAT), In the event of an unsuccessful recovery.
If you have an existing relationship with a Claimant or Legal Practitioner, RCU will ensure your professional relations are protected and only you as their chosen HCEO is instructed.
If the Claimant or Legal Practitioner has no affiliation with the High Court Enforcement sector, RCU will place such enforcement instructions using our proprietary software (and ensure such instructions are placed with a HCEO business), from a list of RCU Registered HCEO businesses on a Cab Rank basis. This will ensure all RCU Registered HCEO businesses are treated equally, regardless of the numbers of authorised HCEO officers they may have.
RCU is on a mission to build an ecosystem where the SME Community, Large Corporates and Professionals alike, can prosper and help support the UK economy for the benefit of all in society that have no means.
Our ambition is to bring together (under one roof), all businesses offering a HCEO enforcement service, that supports this vision.
Claim your seat at our roundtable of champions and join us on our quest to enrich the lives of many.
NB:
- Join our HCEO Partner Panel for free.
- RCU charge a fixed fee to place a Writ of Control / High Court Writ, with all HCEO Registered Businesses on our HCEO Partner Panel.