High Court Enforcement.

[ploddingon]

I never knew much about this, before watching 'Can't Pay? We'll Take It Away.' and am quite interested in the topic. Can someone please tell me what is 'roughly' the quickest time, from a CCJ being granted, leading to High Court Enforcement Agents turning up on a doorstep to evict someone? There is no statutory delay, from what I can make out, and assume it's all down to speed of procedure.

[ploddertom]

Re: High Court Enforcement.

The answer has to be "how long is a piece of string" as each case is different, some take days & some take much longer. Don't forget what you see on the box makes it all look easy.

[ploddingon]

Re: High Court Enforcement.

The reason I asked was that I thought it was very unfair that anyone could get evicted right out of the blue. I know it's not totally out of the blue strictly speaking, as there would have been a prior CCJ and a tenant would have been aware there was a serious issue, but I am sure people can appreciate what I am saying. From what I can see the officers are never expected and it must be very traumatic for all those involved, including the officers.

When it comes to eviction, I firmly believe that at least 14 calendar days should have to elapse after High Court authority is obtained, before any officers are allowed to move in. At the same time, the High Court should immediately be sending out a letter to the address concerned informing them of the situation. If this happens, then the people concerned can at least have time to make other living arrangements or challenge the decision.

[FlamingParrot]

Re: High Court Enforcement.

I assume we are taking rent arrears here and not just any CCJ. The landlord would have to give at least 14 days notice before applying to the court for a possession order. This is for eviction and not to do with a CCJ. Depending on what kind of eviction procedure the landlord follows, they could also apply for a money judgment for the arrears.

[ostell]

Re: High Court Enforcement.

In that program it would appear that the tenants knew they were to be evicted, having already received some sort of notice. I think the surprise was that the HCEO turn up without warning.

[ploddingon]

Re: High Court Enforcement.

I assume we are taking rent arrears here and not just any CCJ. The landlord would have to give at least 14 days notice before applying to the court for a possession order. This is for eviction and not to do with a CCJ. Depending on what kind of eviction procedure the landlord follows, they could also apply for a money judgment for the arrears.

Thankfully, I suppose, I know very little about this and I was referring to rent arrears. It just seemed evident to me, from watching the TV programme, that officers can appear on a doorstep the second after High Court authority to evict is granted. I would often see a tenant say 'I didn't get a letter' and the officer would say 'no, you wouldn't have got one'. It just didn't seem very fair to me.

In that program it would appear that the tenants knew they were to be evicted, having already received some sort of notice. I think the surprise was that the HCEO turn up without warning.

Yes, that's what I meant and I think it is unfair. The tenant gets no notification that the High Court has made any decision in relation to their upcoming eviction.

[wales01man]

Re: High Court Enforcement.

HCEOS are called in after a long process and the victim if we call them that will have been informed of actions as they happen and in court have their say.

Letting some know the HCEO is coming would mean in a few cases they would hide anything valuable and maybe wreck the property.

I must add I believe the whole enforcment industry needs to be brought into the 21st century

[Crazy council]

Re: High Court Enforcement.

Hi

the tenant does get notice of some sort, you still serve the standard eviction notices, and they are dated, then the were 2 ways forward from there

1. Standard route with lower court.. The tenant are given notice that the bailiff is coming to evict ( 14 days at the earlest after the order to evict )
2. High court. The bailiff can act straight away, notice not required.

In both cases, the first part of the eviction ( paperwork ) is the same, i think. Thats how it works with evictions for arrears, i dont know anything about personal debt.

Its the council that make it worse, by telling people they can only move them when they have been evicted, its a stupid thing to do..

[ploddingon]

Re: High Court Enforcement.

I found the page on this website quite interesting:

http://thesheriffsoffice.com/service...ntial_property

What really concerns me was the following text:

'If you are about to apply for the order, you can apply for the transfer at the same time under Section 42 of the County Courts Act 1984. Once the transfer application is granted, our officers will evict your tenants, usually within 7 days, but we have done it in 24 hours in some cases!'

It can't be right.