Terms and Conditions of Business

  1. Provision of These Terms and Conditions

These Terms and Conditions are available upon request in writing to the address detailed in Section 3 below.

 

  1. Previous Terms and Conditions

These Terms and Conditions shall only supersede previous terms where the applicable enforcement power changes from the regulations in force at the time of instruction to the Taking Control of Goods Regulations 2013.

 

  1. Introduction

Court Enforcement Specialists Limited (“the Company”) provides a range of services to its clients or prospective clients (“the Client”), including but not limited to enforcement, debt recovery, tracing, investigation, repossession, eviction, security, and legal activities.

The Company is registered at Companies House under number 11494339. The registered office is:

28 Mason Street

Manchester

M4 5EY

 

  1. Instructing Us
  • By completing an Instruction Form and/or instructing Court Enforcement Specialists Limited by any other means, the private individual, firm, authorised company representative, or legal professional instructing us becomes the Client and authorises the Company to provide the services set out in the Instruction Form.
  • By becoming the Client, you agree to be bound by these Terms and Conditions.
  • The Company reserves the right to decline any instruction without stating a reason. In such circumstances, any monies paid to the Company may be refunded upon written request and approval by a manager. This does not include any fees payable to HM Courts & Tribunals Service (HMCTS).

 

  1. Application of These Terms

These Terms and Conditions apply to all services provided by Court Enforcement Specialists Limited. No variation, alteration, substitution, or modification shall be binding unless expressly agreed in writing by a manager of the Company. The Client agrees to be bound by these Terms upon providing an instruction.

 

  1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales. Each party submits to the exclusive jurisdiction of the courts of England and Wales.

 

  1. Cancellation of an Instruction

Any cancellation of an instruction for transfer up should be made in the first instance to the Transfer Up Department by contacting the Client Services Team via email at info@courtenforcementspecialists.co.uk.

 

  1. The Work
  • Transfer to the High Court for Enforcement

The Company shall obtain the appropriate certificate from the relevant court for the transfer of a judgment to the High Court for enforcement through its Authorised High Court Enforcement Officer (AHCEO), Claire Sandbrook.

Upon receipt of the certificate, Claire Sandbrook will instruct the Company to 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.

Where the Company is provided with a sealed certificate only, this latter stage shall apply. Any fee payable to HMCTS to obtain a Writ is a court fee and not a fee of the Company.

  • High Court Enforcement – Writs of Control and Execution

The Company, its authorised HCEO, Enforcement Agents, and agents shall undertake enforcement action as directed in the Instruction Form completed by the Client. Telephone collection strategies may be used alongside attendances to support recovery.

  • CRAR, Forfeiture of Lease, and Other Common Law Enforcement

The Company’s Enforcement Agents and agents shall undertake enforcement action as directed in the Instruction Form completed by the Client.

  • Other Services

The Company, its Authorised High Court Enforcement Officer, Enforcement Agents, Debt Recovery Agents, Field Agents, Repossession Agents, Security Officers, and other contracted staff or employees shall undertake services as directed in the Instruction Form completed by the Client.

 

  1. Fees, Charges, and Disbursements
  • Fees and disbursements shall be applied in accordance with the Taking Control of Goods (Fees) Regulations 2014, the High Court Enforcement Officers Regulations 2004, and/or any other applicable regulations. These fees are recoverable from the debtor in the first instance.
  • With the consent of the Client or creditor, the Company may apply to the court for authority to recover exceptional disbursements not otherwise recoverable under the regulations.
  • The Company and/or the Client or creditor shall satisfy the court that any such disbursements are necessary for effective enforcement, having regard to all relevant circumstances.
  • Where the Client receives payment on or after the date of instruction, such sums must be forwarded to the Company in full unless expressly agreed otherwise. Where payment is negotiated outside the enforcement process, the Client remains liable for all fees which would otherwise have been recoverable from the debtor.
  • For certain services, including evictions, the Company will invoice the Client directly for costs associated with providing the service. Payment must be made within the timescales specified on the invoice. Any undisputed portion of an invoice must be paid regardless of any query.
  • The Company reserves the right to charge late payment interest at eight per cent above the Bank of England base rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, together with associated recovery costs.
  • Where enforcement is unsuccessful in matters regulated by the Tribunals, Courts and Enforcement Act 2007, the Client shall be liable for the Compliance Stage fee as prescribed by statute.
  • VAT shall be charged at the prevailing rate. The Client authorises the Company to recover VAT from the judgment debtor as part of the enforcement process.
  • Any change in VAT or court fees shall take effect immediately. The Company reserves the right to delay enforcement or transfer up until all monies due are paid in full.
  • In the event of late payment of any invoice, the Company reserves the right to claim a fixed compensation fee in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

 

  1. Payments Under a Writ of Control
  • Payments collected under a Writ of Control shall be held in suspense for 14 days and paid to the Client on the 15th day, in accordance with the Insolvency Act 1986.
  • The Client authorises the Enforcement Agent to enter into a Controlled Goods Agreement where payment in full cannot be obtained.
  • Part payments shall be distributed pro rata between the judgment debt and fees in accordance with the Taking Control of Goods (Fees) Regulations 2014.
  • From the first £200 received, the Compliance Fee is retained and the remaining balance split pro rata. All subsequent payments are split pro rata.

 

  1. Case Holds (applies to Debt Collection, County Court, and High Court enforcement)
  • If CES requires Client information or approval to proceed with a case, the matter will be placed on hold.
  • If no response is received within 28 days, CES may close the file. CES shall not be liable for any consequences arising from the hold, including but not limited to costs orders, financial loss, or any other damages.

 

  1. Pre-Legal Debt Collection
  • Once CES has been instructed for debt collection, the Client must not accept any direct payments, arrangements, or communication from the debtor. All debtor correspondence must be handled through CES.
  • Any payment or arrangement made directly by the debtor to the Client which is accepted after instruction renders the Client liable to CES for 10% of the debt.

 

  1. County Court Proceedings
  • In the event that debt collection is unsuccessful, CES may utilise external solicitors to issue a claim at the County Court on behalf of the Client.
  • The Client acknowledges and accepts that CES shall not be liable for any outcomes arising from judicial decisions, including defended claims, counterclaims, or unsuccessful claims.
  • Any case placed on hold pending Client instructions for County Court proceedings will follow the same 28-day rule. CES shall not be liable for any loss, costs, or damages arising from non-response or delays.

 

  1. Client Responsibilities
  • The Client agrees to provide accurate information and documentation.
  • The Client confirms that no other enforcement action is being taken which would prevent or hinder execution of the Writ or Warrant.
  • The Client accepts responsibility for any information provided which proves to be inaccurate.

 

  1. Writs of Possession
  • The Company shall ensure that sufficient resources are available for the planned eviction time.
  • The Company’s office hours are 09:00–17:00. Any request to cancel, suspend, or stand down enforcement action outside of these hours must be made by telephone via the Emergency Eviction Line (Option 3). Emails sent outside office hours are not deemed received until the next working day. Where agents are dispatched due to failure to follow the out-of-hours procedure, the Client remains fully liable for call-out charges, being a minimum of three hours per agent and any additional costs incurred.

 

  1. Common Law Enforcement
  • Where enforcement is undertaken under common law powers, including those set out in Halsbury’s Laws of England (Paragraph 1400, Volume 45, 4th Edition), the Client agrees to the applicable terms, conditions, and pricing published by the Company.
  • A minimum of two court-certificated Enforcement Agents shall attend any eviction.
  • Traveller eviction charges are based on a minimum of three hours, comprising one hour travel to site, one hour travel from site, and the first hour on site. No travel charge applies for service of notice.
  • Where additional charges arise, the Client will be notified by email and authorisation sought prior to continuation, where practicable.
  • Out-of-hours cancellation or stand-down requests must be made via the Emergency Eviction Line (Option 3). Failure to follow this procedure will result in the Client remaining liable for all applicable charges as detailed in section 12b.

 

  1. Our Liability
  • Nothing in these Terms limits liability for death or personal injury arising from negligence, fraudulent misrepresentation, or any liability which cannot be excluded by law.
  • These limitations apply to any claim by the Client or any related or associated individual or entity against the Company, including its directors, officers, employees, and agents, past or present.
×