6.1 Enforcement - methods of enforcement

Question 1

Which Parts of the CPR deal with enforcement by taking control of goods?

Answer 1

Parts 83 - 86

Question 2

Which Regulations control enforcement by taking control of goods?

Answer 2

Taking Control of Goods Regulations 2013

Question 3

Which Part of the CPR deals with charging orders, stop orders and stop notices?

Answer 3

Part 73

Question 4

Which Part of the CPR deals with attachment of earnings orders?

Answer 4

Part 89

Question 5

What is the procedure for applying for a taking control of goods order?

Answer 5

CPR 23 application

Question 6

What is a taking control of goods order?

Answer 6

An order that an enforcement officer (bailiff) seizes a judgment debtor’s goods in order to sell them and use the proceeds to satisfy the judgment debt and expenses.

Question 7

What are the two most important items that are exempt from taking control of goods orders?

Answer 7

The Taking Control of Goods Regulations 2013
Regulation 4
(1)
Subject to paragraph (2) and to regulation 5, the following goods of the debtor are exempt goods—
(a)
items or equipment … which are necessary for use personally by the debtor in the debtor’s employment, business, trade, profession, study or education, except that in any case the aggregate value of the items or equipment to which this exemption is applied shall not exceed £1,350;
(b)
such clothing, bedding, furniture, household equipment, items and provisions as are reasonably required to satisfy the basic domestic needs of the debtor and every member of the debtor’s household

Question 8

When can a judgment creditor apply for a taking control of goods order?

Answer 8

CPR 40.11

[after the 14 day deadline has expired]

Question 9

Should taking control of goods orders be obtained from the High Court or the County Court?

Answer 9

High Court and County Courts Jurisdiction Order 1991

Up to £600 : County Court
£600 - £5,000 : High Court or County Court
£5.001+ : High Court

Question 10

What are the procedural stages in a taking control of goods order?

Answer 10

1.
Judgment creditor applies for writ of control (High Court) or warrant of control (County Court);
2.
Enforcement Officer gives notice to the judgment debtor at least 7 days before taking control of goods;
3.
Enforcement Officer enters premises and secures goods;
4.
Sale of the goods.

Question 11

How much notice must the Enforcement Officer give the judgment debtor before entering her premises to secure goods?

Answer 11

The Taking Control of Goods Regulations 2013
Regulation 6
(1)
… notice of enforcement must be given to the debtor not less than 7 clear days before the enforcement agent takes control of the debtor’s goods.
(2)
Where the period referred to in paragraph (1) includes a Sunday, bank holiday, Good Friday or Christmas Day that day does not count in calculating the period.

Question 12

Under what circumstances may the Enforcement Officer not enter premises to secure goods?

Answer 12

The Taking Control of Goods Regulations 2013
Regulation 10
(1)
The enforcement agent may not take control of goods of the debtor where—
(a)
the debtor is a child;
(b)
a child or vulnerable person (whether more than one or a combination of both) is the only person present in the relevant or specified premises in which the goods are located; or
(c)
the goods are also premises in which a child or vulnerable person (whether more than one or a combination of both) is the only person present.
(2)
Where an item which belongs to the debtor is in use by any person at the time at which the enforcement agent seeks to take control of it, the enforcement agent may not do so if such action is in all the circumstances likely to result in a breach of the peace.

Question 13

At what time of day may the Enforcement Officer not take control of goods?

Answer 13

The Taking Control of Goods Regulations 2013
Regulation 13(1)
… the enforcement agent may not take control of goods of the debtor before 6 a.m. or after 9 p.m. on any day.

Question 14

What is a controlled goods agreement?

Answer 14

The judgment debtor is permitted to retain custody and use of the goods, but the Enforcement Officer takes control of them, pending payment of the debt.

[“Taking walking possession.”]

Question 15

What is a third party debt order?

Answer 15

It is a way to get the judgment debtor’s bank to satisfy his debt to the judgment creditor.

Question 16

There are two types of order involved in a third party debt order. What are they?

Answer 16

1.
Interim order
2.
Final order

Question 17

What does an interim third party debt order consist of?

Answer 17

CPR 72.6(1)
A bank or building society served with an interim third party debt order must carry out a search to identify all accounts held with it by the judgment debtor.
CPR 72.4(2)
The judge may make an interim third party debt order–
(a)
fixing a hearing to consider whether to make a final third party debt order; and
(b)
directing that until that hearing the third party must not make any payment which reduces the amount he owes the judgment debtor to less than the amount specified in the order

Question 18

What does the final third party debt order consist of?

Answer 18

CPR 72.2(1)
Upon the application of a judgment creditor, the court may make an order (a ‘final third party debt order’) requiring a third party to pay to the judgment creditor –
(a)
the amount of any debt due or accruing due to the judgment debtor from the third party; or
(b)
so much of that debt as is sufficient to satisfy the judgment debt and the judgment creditor’s costs of the application.

Question 19

What is a charging order?

Answer 19

A charging order is a charge taken over land to secure the judgment debt.

It consists of an interim order and a final order.

Question 20

What is an attachment of earnings order?

Answer 20

An attachment of earnings order is an order that the judgment debtor’s employer deduct the judgment debt from his earnings and pay it into court for onward payment to the judgment creditor.

Question 21

In which court can attachment of earnings orders be made?

Answer 21

CPR 89.3
An application to the County Court for an attachment of earnings order must be made to the County Court Money Claims Centre.

Question 22

What are the stages in insolvency proceedings?

Answer 22

1.
Statutory demand;
2.
issue petition;
3.
hearing of the petition;
4.
bankruptcy or winding up order;
5.
distribute the debtor's assets.