Trace to Writ Form.

 

Take on Form - Trace to Writ

  • Client Contact Information

  • (overall responsibility)
  • (if different from above)
  • Payment Requirements

  • Defendant Details

  • MM slash DD slash YYYY
  • Claim Details

  • MM slash DD slash YYYY
  • Additional information

  • Terms and Conditions:

  • Terms and Conditions:

    1. I authorise Court Enforcement Services Ltd to apply to transfer the attached judgment to the High Court for enforcement and authorise Court Enforcement Services Ltd to carry out the transfer.
    2. I request that the writ be issued to an Authorised High Court Enforcement Officer within Court Enforcement Services Ltd.
    3. I authorise Court Enforcement Services Ltd to sign any court form necessary for the purpose of enforcing my judgment including County Court Form N293a or any Statement of Truth required in support of my application to enforce my judgment.
    4. I authorise the County Court to return the completed N293a direct to Court Enforcement Services and / or to correspond directly with Court Enforcement Services Ltd regarding my application.
    5. I confirm that the judgment is not based upon a Regulated Agreement under the Consumer Credit Act 1974, unless the judgment debt is £25,000 or more.
    6. We will notify you of any cleared funds received and remit the same in accordance with the applicable legislation, regulations and agreements that are in place at the time.
    7. Where money is collected in relation to a High Court Writ, it must be retained for 14 days before it can be paid to a client/creditor. The 14-day retention period is stipulated in the Insolvency Act 1986.
    8. Part settlements - our costs will be deducted from the sums recovered from the debtor on a pro-rata basis.
    9. Our administration fees are usually paid by the debtor on successful recovery. Where we are unable to recover the amount due, and this could be for a variety of reasons, you will be charged £75.00 plus VAT. These reasons include but are not limited to, situations where we are unable to trace the debtor, where the debtor successfully applies to have the judgment set aside, where the debtor is or has been declared bankrupt and where there are insufficient assets to cover the debt owed. Our standard payment terms are 30 days from date of invoice (unless otherwise stated).
    10. We will retain first from any part payments received from the debtor sufficient funds to cover any fees and costs due from you including the £90 (inclusive of VAT) compliance/abortive fee.
    11. The claimant if VAT registered is liable to pay VAT on any enforcement fees incurred by us and agrees to make payment of any such VAT in accordance with our standard terms of payment.
    12. Please note that if you are an individual claimant (judgment creditor/litigant in person) and enter direct negotiations with the judgment debtor which results in a settlement and/or direct payment(s) during the life of the writ after an attendance and whilst we are acting on your behalf, then you may be liable for further statutory enforcement fees due under the writ in accordance with The Taking Control of Goods (Fees) Regulations 2014 (which we are normally entitled to recover from the judgment debtor).

    Part settlements - our costs will be deducted from the sums recovered from the debtor on a pro-rata basis.

    NB: Late payment charges will be applied to all our overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (As Amended).

    CONSENT AND NOTICE REGARDING ELECTRONIC INSTRUCTIONS TO COURT ENFORCEMENT SERVICES.

    Electronic Signature Agreement.

    By submitting these instructions to Court Enforcement Services Limited you are signing this document electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement.

    By submitting this instruction document you consent to Court Enforcement Services Limited acting as Certificated Enforcement Agents on your behalf.

    You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Court Enforcement Services Limited with instructions via our client web portal or online instructions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing.

    You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Court Enforcement Services Limited.

    You also represent that you are authorised to provide these instructions on behalf of the creditor and will be bound by the terms of this Agreement.

    You further agree that each use of your E-Signature in instructing Court Enforcement Services Limited constitutes your agreement to be bound by the terms and conditions of the authorisation to act as enforcement agent of Court Enforcement Services Limited as they exist on the date of your E-Signature.

    I agree to pay the following:

    • Trace Fee (£35 plus VAT) if the trace is successful.
    • High Court Writ Fee (£78)
    • Statutory Compliance Fee (£75 plus VAT) – if required
  • MM slash DD slash YYYY
  • For further information click here.

Alternatively, you can download the form and send it completed to: onboarding@courtenforcementservices.co.uk

Trace to Writ Form

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