Transfer Up Guide

Transfer Up Guidance



ABOUT THE SERVICE

The transfer up service is operated by Enforcement Group, a national company that specialises in the enforcement of court judgments and orders. Using the services of an appointed High Court Enforcement Officer (HCEO) formally known as “Sheriff’s Officer” is the most successful method of enforcement across England and Wales.

MONETARY JUDGMENT, ORDER OR AWARD

The High Court transfer up service allows judgment claimants to transfer a County Court judgment above £600.00 (including court costs and less than 6 years old) to the High Court for enforcement by a High Court Enforcement Officer (HCEO). The transfer up service is provided free of charge, however, a court fee of £66.00 per writ sealed is payable in advance and is recoverable from the defendant upon successful execution. A writ of control authorises a High Court Enforcement Officer to take control of the goods (seize) of the defendant and raise the outstanding debt and statutory fees and charges.

If enforcement is successful the HCEO will recover the full amount of the judgment debt, enforcement fees, interest, and any fixed costs. If enforcement is unsuccessful then the HCEO will charge the statutory compliance fee of £75.00 + VAT (formally the abortive fee).

Any funds recovered on the claimant’s behalf will be remitted after the 14-day statutory period, (s.184 and s.346 Insolvency Act 1986). Funds are held in our client account and will be sent after deduction of the statutory fees in respect of both fully and partly paid writs.

Please Note: we are unable to transfer a monetary judgment where the debt is based upon a regulated agreement under the Consumer Credit Act 1974. (unless over £25,000 and agreed before 1st April 2008).

POSSESSION ORDER

The transfer up service can also be used to transfer up an order for possession to the High Court for enforcement, however, leave of the court (permission to transfer) is required prior to doing so.

Leave of the court is not required in trespasser or mortgage-related claims.

For more information on the transfer up of a residential possession order, please visit our Tenant Eviction page.

HIGH COURT JUDGMENT OR ORDER

If the judgment or order was obtained in the High Court then we only require the relevant parts of the instruction form to be completed to instruct us to obtain the relevant writ and commence enforcement.

OTHER JUDGMENT OR ORDER

If you have any other type of judgment, order or award then please contact us on 0330-010-1741 or email transfers@transferjudgment.co.uk for more information.

FURTHER GUIDANCE

The transfer up service can work in one of two ways, either;

> A full transfer up – where we will generate and process the transfer form, complete the necessary court forms and obtain the writ of control and or writ of possession, or;

> A part transfer up – where you provide the completed transfer form, necessary court forms and we do the rest.

The transfer up process usually takes between 7 and 14 working days, however, this is largely dependent upon the court turnaround times and may take longer.

To instruct us you can attach the instruction form and associated documents to an email and send it to transfers@transferjudgment.co.uk. (Please use the claim number as the subject).

You can also complete the relevant instruction form online by selecting the relevant link: Writ of Control, Writ of Possession.

To speed up the process you can pay the £66.00 court fee directly to us via BACS and we will make payment to the court on the claimant’s behalf.

Important: payments should be referenced with the claim number.

FORMS / DOWNLOADS

Instruction to Transfer Up – Writ of Control (PDF)

Instruction to Transfer Up – Writ of Possession (PDF)

N244 – Application Notice (PDF)

N244 Notes – Application Notice – Notes for Guidance (PDF)

N293A – Combined Certificate of Judgment and Request for Writ of Control or Writ of Possession (PDF)

PF 88 – Request for issue of Writ of Possession (rule 83.9(3) and rule 83.13) (DOC)

PF 89 – Request for issue of Writ of Possession and Writ of Control Combined (rule 83.9(3) and rule 83.13(9)) (DOC)

PF 86 – Request for issue of Writ of Control (rule 83.9(3)) (DOC)

PF 86A – Combined request for a Writ of Control, Writ of Possession, Writ of Delivery (DOC)

N215 – Certificate of Service (PDF)

EX50 – Civil and Family Court Fees (6th March 2017) (PDF)

Please Note: PDF files require Adobe Acrobat Reader installed on your PC to view and edit them. Please visit the Adobe website to download the software free of charge.

If you require help completing the instruction form then please contact us.

Next Step…

If you’re ready to begin the transfer up / instruction process or if you have any questions about the service then please select one of the following options: