The following Dispute Resolution guidance note Produced in partnership with David W Carter of The Sheriffs Office provides comprehensive and up to date legal information covering:
This Practice Note, produced in conjunction with enforcement specialists, The Sheriffs Office, sets out frequently asked questions raised by judgment debtors who are subject to the Taking Control of Goods procedure for enforcement of a judgment debt. However, those acting for judgment creditors will also find this list of questions of use in answering queries that their judgment-creditor clients have when anxious to understood how the process works.
The EA must send you a Notice of Enforcement giving you seven clear days to pay your debt in full. If payment is not received in full the EA can visit to take control of your goods. This will incur further fees for which you will be liable.
In order to prevent an EA from visiting, you need to pay the debt in full. If you cannot pay the full amount and you wish to pay by instalments the EA will visit you to take control of your goods and enter into a controlled goods agreement.
No, EAs must only gain peaceable entry into private residences, entering by any usual means, such as an unlocked door. EAs can however force entry into commercial premises.
See the discussion of Blair J in Midtown v Essar Global where the judgment creditor’s HCEO obtained the permission of airport staff to enter the private part of Stansted London Airport in order to execute a writ of control on the
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