Introduction to enforcement in consumer credit cases
Produced in partnership with Rachel Tandy, Barrister of Henderson Chambers
Introduction to enforcement in consumer credit cases

The following Financial Services guidance note Produced in partnership with Rachel Tandy, Barrister of Henderson Chambers provides comprehensive and up to date legal information covering:

  • Introduction to enforcement in consumer credit cases
  • General
  • Methods of enforcement
  • Know your judgment debtor
  • Tools to obtain information
  • Enforcement and non-parties
  • High Court/County Court
  • Enforcement of decisions of bodies other than the High Court and County Courts
  • Enforcement in a consumer credit context
  • Regulation of consumer credit

General

A client who successfully proceeds against a debtor through the courts will usually assume that the debtor will comply with the judgment or order obtained. However, unsuccessful parties do not always comply.

Generally, a judgment creditor expects to receive payment of moneys due, the delivery up of goods or some other form of mandatory or injunctive relief granted by the courts. A successful judgment creditor may seek to enforce its judgment by way of compensation or recovery of a debt together with the costs of enforcement. The onus is, therefore, on the judgment creditor to ensure compliance.

The methods of enforcement available to a judgment creditor are set out in Civil Procedure Rules 1998, s 70. Enforcement proceedings are brought by application to the courts. The Civil Procedure rules (CPR) on enforcement are numerous and sometimes complex. The purpose of this Practice Note is to provide an overview of enforcement practice that creditors may undertake when enforcing judgment debts arising from consumer credit transactions. More detailed advice is contained within Lexis®PSL Dispute Resolution.

Methods of enforcement

Judgment creditors can, if they wish (and can afford it) execute their judgment by using one or several enforcement methods at once (some methods are mutually exclusive). The available options are set out in Civil Procedure Rules 1998, s 70. In summary,