Finance

Overview

Traditional lenders are often reluctant to utilise High Court Enforcement Officers in aid of mortgage or asset finance repossessions, in fact, high street banks rarely take enforcement action without an extensive history of refusal to engage and make payments. There are a variety of common misconceptions about the differences between using a County Court bailiff or enforcement agent authorised by a High Court Enforcement Officer, which we will explore.

The Enforcement Agency boasts a team of management and operational support with unparalleled expertise in catering for both puisne and specialist lenders. Our management has worked for high street banks in regulated roles and our agents have undertaken the vast majority of successful evictions of persons purporting to be freemen on the land. Put simply, we minimise reputational risk, reduce shortfall and place the safety of people before any result.

Our solutions

Residential property

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Since Civil Procedure Rule 83.8A was introduced during the Covid-19 pandemic; eviction by Writ of possession offers the occupant a superior experience:

  • Transfer to the High Court requires judicial permission under section 42 of the County Courts Act; a Warrant of possession is issued by a clerk.
  • Eviction notices are hand delivered at least 15 days prior to the eviction whereas a Warrant of possession notice can be posted at any time.
  • A County Court bailiff affords as little as 10 minutes for an eviction due to workloads whereas The Enforcement Agency allow a more appropriate timeframe.
  • The Enforcement Agency provides a 30 minute free consultation to all evictees where referrals are made to support agencies for housing and welfare assistance.

In addition to enhancing the occupant experience, the lender can also benefit:

  • The busiest cities have bailiff delays ranging from 12 weeks to 12 months; we can obtain the necessary writ in a matter of days in some instances.
  • You can apply to dispense with notice of eviction and we have more resources to undertake the most hostile evictions.
  • An application to stay enforcement does not prevent the eviction from proceeding; the party must obtain an Order to stay enforcement.
  • We serve notices under the Torts (Interference with Goods) Act 1977 which isn’t generally available using County Court bailiffs.
  • We provide you with a comprehensive report detailing the attendance.

Commercial property

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We work with receivers and panel solicitors in recovering possession. Some mortgage contracts include the right to peaceably re-enter and in other cases, an Order for possession transferred to the High Court for enforcement is required. We can also fit a range of security measures to keep the property in possession whilst your asset managers are preparing for sale.

Asset based lending

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Typically motor vehicles, however, we also recover a wide range of assets secured on finance. We can act on your behalf under retention of title clauses or following a return of goods order. It is worth noting that a Writ of delivery can only be issued once enforcement has been transferred to the High Court.

We can either work with your vehicle recovery contractors or utilise our own recovery services, which extends to sale by public auction.

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London Office

3rd Floor, 86-90 Paul Street, London, EC2A 4NE