Terms and Conditions
1. Provision of these Terms and Conditions
These Terms and Conditions are also available upon request in writing to the address detailed in the Introduction below.
2. Previous Terms and Conditions
The Terms will only supersede previous Terms where the enforcement power changes from the appropriate regulations at the time of instruction to The Taking Control of Goods Regulations 2013.
Court Enforcement Specialists Limited, for the purposes of these Terms and Conditions, provides a variety of services to their clients or potential clients (“the Client”) including but not limited to; enforcement, debt recovery, tracing, investigation, repossession, eviction, security and legal activities. We are registered at Companies House under No. 11494339 our registered office is at Victoria House Great Ancoats Street Manchester M4 7DB.
4. Instructing us
a) By completing an Instruction Form and/or instructing Court Enforcement Specialists Limited by any other means, you, the private individual, firm, authorised company representative or legal professional instructing us become the ‘Client’ and authorise Court Enforcement Specialists Limited to provide the services to you as set out in the Instruction Form.
b) By becoming the Client you agree to be bound by these Terms and Conditions.
c) Court Enforcement Specialists Limited reserves the right to decline any instructions without stating a reason. In such circumstances any monies paid to Court Enforcement Specialists Limited in respect of those instructions may be refunded upon written request and approval by a Director. Please note this does not include any fees which were made payable to Her Majesty’s Court and Tribunal Service (HMCTS).
5. Definition of the terms
These Terms and Conditions apply to the provision of services by Court Enforcement Specialists Limited and no variation, alteration, substitution or modification of these Terms shall be binding on Court Enforcement Specialists Limited unless expressly agreed by a Director's of Court Enforcement Specialists Limited. The Client agrees to be bound by these conditions upon providing Court Enforcement Specialists Limited with an instruction.
6. Governing law
These Terms and Conditions shall be governed by and construed in accordance with the law of England & Wales, and each of the parties submits to the exclusive jurisdiction of the courts of England & Wales.
7. Cancellation of an instruction
The cancellation of an instruction for transfer up should be made directly the Transfer Up Department in the first instance by contacting them to Client Services team by email to firstname.lastname@example.org.
8. The work
a) Transfer to the High Court for enforcement.
Court Enforcement Specialists Limited shall obtain the appropriate certificate from the appropriate Court for transfer of a judgment to the High Court for the purposes of enforcement through our authorised high court enforcement Officer Claire Sanbrook. Upon receipt of the certificate Claire Sanbrook will instruct Court Enforcement Specialists thereafter obtain the appropriate Writ of control or Writ of execution in the name of an Authorised High Court Enforcement Officer (pursuant to paragraph 2)
(1) of Schedule 7 of the Courts Act) as directed by Claire Sanbrook.
Where court Enforcement Specialists Limited is provided with the appropriate sealed certificate only the latter part of this work will apply. The fee payable to HMCTS to obtain a Writ is a fee of HMCTS and not that of Court Enforcement Specialists Limited.
b) High Court enforcement - Writs of control and Writs of execution
Court Enforcement Specialists Limited and their authorised HCEO Claire Sanbrook, Enforcement Agents and Agents shall undertake the enforcement action as directed in the Instruction Form completed by the Client. Court Enforcement Specialists Limited may also use a telephone collection strategy in conjunction with enforcement agent attendances to enhance monetary recovery rates.
c) Commercial Rent Arrears Recovery (“CRAR”), Forfeiture of Lease and any other enforcement services under Common Law
Court Enforcement Specialists Limited Enforcement Agents and Agents shall undertake the enforcement action as directed in the Instruction Form as completed by the Client.
d) Other services
Court Enforcement Specialists Limited and their Authorised High Court Enforcement Officer Claire Sanbrook, High Court, Enforcement Agents, Debt Recovery Agents, Field Agents, Repossession Agents, Security Officers and/or any other Contracted Staff or Employees shall undertake the services as directed in the Instruction Form as completed by the Client.
9. Fees, charges and disbursements
a) Court Enforcement Specialists Limited will apply fees and disbursements as stipulated in The Taking Control of Goods (Fees) Regulations 2014, in the High Court Enforcement Officers Regulations 2004 and/or any other appropriate Regulations and these fees are recoverable from the debtor in the first instance.
b) The Client, with consent of the Creditor, hereby authorises Court Enforcement Specialists Limited to, if necessary, apply to the appropriate Court that the enforcement agent may recover from the debtor exceptional disbursements which are not otherwise recoverable under the Regulations.
c) Court Enforcement Specialists Limited and/or the Client/creditor shall satisfy the Court that the disbursements to which it relates are necessary for effective enforcement of the sum to be recovered, having regard to all the circumstances including the amount of that sum; and the nature and value of the goods which have been taken into control, or which it is sought to take into control.
d) In matters relating to the recovery of monies, if the Client receives payment on or after the date of instruction the Client must forward the sums to Court Enforcement Specialists Limited in full unless expressly agreed otherwise by Court Enforcement Specialists Limited. If the Client or creditor negotiates payment outside of the enforcement process, either by agreement or consent order, the Client becomes liable to the full fees charged by Court Enforcement Specialists Limited that otherwise have been recoverable from the debtor under the relevant Regulations.
e) In certain activities and services (e.g. evictions) Court Enforcement Specialists Limited will invoice the Client directly for the costs associated with providing the service set out on the signed warrant of authorisation prior to our instruction. In such circumstances the Client will make payment of the sums due within the timescales specified on the invoice. If any element of an invoice is queried that part of the invoice which has not been queried is to be paid in any event.
f) Court Enforcement Specialists Limited reserves the right to charge late payment interest at four per cent above the base rate applied from time to time by Santander on any balance outstanding. The Client will also make payment of costs associated with debt recovery procedures, where applicable, should the matter remain unpaid beyond the terms stated.
g) The Client agrees that where enforcement is unsuccessful in matters regulated by the Tribunals Courts and Enforcement Act 2007 he will be liable for the Compliance Fee [£75.00 plus VAT (£90.00) as at 6th April 2014], triggered by the Compliance Stage, in accordance with the High Court Enforcement Officers Regulations 2004 No. 400, Part 4, Regulation 13(3A) as amended by The Tribunals, Courts and Enforcement Act 2007 Consequential, Transitional and Saving Provision) Order 2014 No. 600, Paragraph 8.
h) VAT will be charged at the current rate on fees, costs and charges and The Client directs Court Enforcement Specialists Limited to recover them from the judgment debtor as part of the execution process.
i) Any change in VAT or Court fees will take effect immediately, and we reserve the right to delay the processing of transfer up or enforcement until such time as all monies due are settled in full. Court Enforcement Specialists Limited will notify you of such a change as soon as is practicable.
j) In the event of late payment of any invoice that is raised for the provision of services supplied by Court Enforcement Specialists Limited, where the matter is passed to our chosen debt recovery agents to pursue recovery of the outstanding invoice we reserve the right to charge an additional administrative fee of £50.00 plus VAT.
k) Where the debt recovery agents are unable to recover the sums due by way of their pre-legal collection procedures,Court Enforcement Specialists Limited reserve the right to charge an additional administrative fee of £150.00 plus VAT in circumstances where legal or insolvency proceedings are instigated.
10. Payments under a Writ of control
a) Payments collected under a Writ of control will held “in suspense”, i.e. neither belonging to the creditor or debtor, for 14 days before payment is made to the Client on the 15th day, as stipulated in the Insolvency Act 1986.
b) The Client authorises the Enforcement Agent to enter into a payment arrangement under a signed Controlled Goods Agreement where payment in full cannot be obtained.
c) In matters falling under the Taking Control of Goods Act Where the debtor makes a part payment towards the debt this payment will be split pro rata between the Client and Court Enforcement Specialists Limited in payment of the sum to be recovered, and any remaining amounts recoverable in respect of fees and disbursements payable to Court Enforcement Specialists Limited, in accordance with The Taking Control of Goods (Fees) Regulations 2014 Paragraph 13(3) & 13(4).
d) All money is split after £200 is received from the defendant and that from the first £200, the £90 Compliance Fee is retained, and the remaining of £110 is split pro rata. All future money thereafter is then split pro rata.
11. Your responsibilities
a) By instructing Court Enforcement Specialists Limited the Client agrees to provide Court Enforcement Specialists Limited with accurate information and documentation.
b) The Client confirms that no other enforcement action is being carried out that will prevent or hinder Court Enforcement Specialists Limited from carrying out their enforcement duties under the Writ or Warrant.
c) The Client confirms that the details given are correct, and accepts any responsibility for information given which proves to be incorrect.
12. Writs of Possession or Restitution, Compulsory Purchase Orders and Forfeiture of Lease
Court Enforcement Solutions Limited will ensure that sufficient resource is available for the planned eviction time.
Delay of execution of the Writ or Order:
Where the planned eviction time is delayed then the following applies:
• For the first 12 hour of the delay 75% of the full amount of the estimated cost quotation.
• For a delay between 12 and 24 hours 30% of the full amount of the estimated cost quotation.
Where the delay is greater than 24 hours the following options are available to the Client:
Request that the eviction team remain on ‘standby’, at a cost of 30% of the estimated cost quotation during the ‘standby period’
Postpone the eviction: if the eviction is postponed indefinitely then cancellation charges will apply. If the eviction is postponed for 48 hours or less then charges will be incurred at a rate of 15% of the estimated cost quotation.
Cancel the eviction: the charges set out below will then apply.
Cancellation of execution of the Writ or Order:
Where the enforcement of the Writ is cancelled or the instruction is withdrawn by the Client then the following charges apply:
If the execution of the Writ is cancelled within 10 days of the planned enforcement date, 20 % of the estimated cost quotation will be payable.
If the execution of the Writ is cancelled within 7 days of the planned enforcement date, 30 % of the estimated cost quotation will be payable.
If the execution of the Writ is cancelled within 48 hours of the planned enforcement date, 60 % of the estimated cost quotation will be payable.
13. Common Law. Halsburys Laws of England (Paragraph 1400, Volume 45, 4th Edition)
Delay of Execution of Eviction:
By signing the Landlords authority to act you agree to the terms, conditions and price set out below, you the landlord / Leaseholder / authorised person also agree to the terms and Conditions.
There is a required minimum of two Court Certificated Enforcement Agents on any one Eviction Job.
One Enforcement Agent per two Caravans on Evictions where there is more than 3 caravans, unless discussed and agreed otherwise via email.
Traveller Evict amounts are based on a minimum of three hours . This includes one-hour travel their, one-hour travel back and first hour onsite for evictions, no travel is charged for serving notice.
Travel distance 2.5hrs from Court Enforcement Specialists Manchester office at Victoria House, Great Ancoats Street, Manchester, M4 7DB may be charged for two hours travel there and back, this will only be charged if agreed by both parties via email.
There is a cancellation cut off time at 1800hrs the day the noticed is served, should we pass this time the minimum 3 Hours will be charged, unless agreed otherwise by email Unless the Serve is after 1800hrs the cut off time is 2200hrs..
Serve to evict - as agreed via email
Traveller Evict - agreed via email Per Hour Per Enforcement Agent.
Recovery Truck as dictated from supplier dependant if require
14. Our liability
a) These terms do not affect our liability to you in any way for: personal injury or death arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter made by one or our employees or agents, nor any other liability which cannot be excluded or limited under applicable law.
b) This paragraph shall apply to any claim: a. by you. b. and, if any duties are held to be owed to them, to a claim by any individual or company, related or associated to you, and any officer, servant or, employee of any of these entities; against Court Enforcement Specialists Limited, any past, or future Directors, and/or any past, present or future employees of Court Enforcement Specialists Limited.