Writs of delivery

Writs of delivery

Writs of Delivery

What is a writ of delivery?

As High Court Enforcement Officers we are often commanded to execute Writs of Delivery. There are two types. A Writ of Specific Delivery requires us to collect a defined asset or item without a money alternative. A Writ of Delivery allows a money alternative. If a County Court makes an Order requiring the defendant to deliver up the goods, then they will need to give permission for it to be transferred to the High Court. You can use a County Court Bailiff, but they often aren’t as well equipped to carry out the recovery.

Not only can we arrange to issue the Writ of Delivery issued but our Enforcement Officers are well equipped and experienced in recovering all types of fixed assets whether it be a single car or fleet. Careful planning is essential to recover the asset and any supporting documents or items that may enhance its value.

Once recovered the assets is carefully checked and its condition reported. It can be stored or delivered depending upon the client’s wishes.

Frequently Asked Questions (FAQs)

How much does it cost to obtain a Writ of Delivery?
The Court fees are £100.00 payable to the County Court to gain permission to transfer the enforcement of the Return of Goods Order to the High Court under Section 42 of The County Courts Act 2004 and £66.00 to obtain the Writ of Delivery.
What about your fees?
We instruct Marston Legal Services on your behalf who are regulated by the SRA and authorised to carry out this regulated activity. They do not charge any fees however you will have to pay enforcement fees plus any disbursements to us to recover the asset. Please call 020 7118 3100 to discuss a quote.
How long can it take?
Timings are dependent on how long the Court take but normally it’s about 2 weeks.
Do you notify the defendant that you are coming?
We manage each case individually but normally we don’t and use the element of surprise to secure the safe recovery of the asset.
We have a ROG Order but would rather have the money. Can you do a deal?
On a Consumer Credit Act Regulated agreement, we can only collect the asset and there is no money alternative. If it is un-regulated and the Order allows, we can collect the goods or money.
Can you force entry to a property to recover the asset?
Only if its commercial property or in an outbuilding which isn’t attached to a residential property like a detached garage.
Can I avoid making a separate application to the County Court to save time?
Many clients ask the District Judge at the time of the hearing to make an Order for the return of the goods and permission to enforce it in the High Court which saves time and money?
Don’t you have to be a solicitor to apply to transfer enforcement to the High Court?
It is a reserved legal activity so you can do it yourself or we can instruct our own subsidiary company Marston Legal Services who are regulated by the Solicitors Regulation Authority, to act on your behalf.
How do I instruct Burlington?
To instruct us, complete our Online Instruction Form or call 020 7118 3100