Terms & conditions

1. Introduction

1. High Court Enforcement Group Limited (HCEG) are a private limited company registered in England and Wales, Companies House Registration No. 04527630. HCEG’s registered office is at Marine House, 2 Marine Road, Colwyn Bay, Conwy, LL29 8PH.
2. HCEG’s services include but are not limited to; enforcement, debt recovery, tracing, investigation, repossession, eviction, security

2. Definitions

The following definitions and rules of interpretation apply in these Conditions

Litigant in person: An individual, company or organisation who is not represented by an individual or organisation (for example a solicitor) that is authorised to undertake reserved legal activities.

Compulsory Purchase Order: A legal mechanism by which certain bodies (known as ‘acquiring authorities’) can acquire land without the consent of the owner which results in an order that can later be enforced.

Compliance Fee: The fee charged for undertaking the steps of enforcement as set out in the Taking Control of Goods (Fees) Regulations 2014.

Conditions: These terms and conditions as amended from time to time.

Contract: The contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.

Commercial Eviction: Removing a tenant(s), squatters or trespassers from land or property that is commercial in nature e.g. a shop.

Common Law: Is a common law (Halsbury’s Law) remedy that enables landowners to remove trespassers from land without a court order.

CRAR: Commercial Rent Arrears Recovery allows landlords to seize a commercial tenant’s goods from the premises they are occupying in order to sell the goods to offset it against the unpaid rent that is outstanding.

Debtor: An individual, company or organisation that owes money to another party.

Enforcement Agent: An individual authorised by section 63(2) of the Tribunals Courts and Enforcement Act 2007 to execute writs under the direction of a High Court Enforcement Officer. Enforcement Agents can also enforce other orders that do not require a writ.

Estimate: Upon considering the circumstances of your matter, HCEG will provide to you details of what they believe the service will cost. This is not a binding figure and is subject to change.

Forfeiture: Forfeiture is a means for a landlord to terminate a lease to regain peaceable possession, in the event of some default by the tenant.

HCEG: High Court Enforcement Group Limited.

HCEO: High Court Enforcement Officer.

Irregular Judgment: A judgment that has been entered but there has been a mistake or error in the way it was obtained e.g. the claim form was not properly served.

Judgment: A decision of the court that is binding upon all parties.

Quotation: An estimate of fees provided by HCEG which is capable of acceptance for 20 days from the date of issue.

Residential Eviction: Removing tenant(s) from land or property that is residential in nature e.g. a house.

Third Party Claim: Where an individual, company or organisation claims they own goods that have been taken into control by the EA.

VAT: Value Added Tax number 808 5550 22.

Writ of Control: A writ of the High Court commanding the HCEO to take control of goods belonging to the debtor.

Writ of Possession: A writ of the High Court commanding the HCEO to enter the land listed in the schedule to the writ and cause You to have possession of it.

Writ of Possession and Control (Combined Writ): A writ of the High Court commanding the HCEO to enter the land listed in the schedule to the writ and cause You to have possession of it, and to recover the fees as listed in the schedule from the debtor.

Writ of Restitution: A writ of the High Court to assist a Writ of Possession where possession has already been handed back but the previous occupants have regained occupation again. A writ of restitution is to restore the position had the further infringement not taken place.

Writ of Execution: Includes a writ of control, writ of possession, a combined writ of control and possession, a writ of restitution.

You: the person or firm who has instructed HCEG.

These Terms and Conditions apply to the provision of services by HCEG. No variation, alteration, substitution, or modification of these Terms shall be binding on either party, unless agreed by both in writing. You agree to be bound by these conditions upon providing HCEG with an instruction.

3. Basis of contract

1. The instruction from You constitutes an offer by You to purchase Services from HCEG in accordance with these Conditions (the Contract).
2. Any advertising issued by HCEG is issued and published for the sole purpose of illustrating the Services described in them. They shall not form part of the Contract or be incorporated therein.
3. These Conditions apply to the Contract to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
4. Any Quotation given by the HCEG shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.

4. Supply of Services

1. HCEG shall supply to You the Services as set out in the Contract.
2. Upon acceptance of HCEG’s terms and conditions, You agree to be bound by them.
3. HCEG reserve the right to decline any instruction without reason.
4. HCEG reserve the right to withdraw from enforcement.

5. Transfer up

1. The transfer of a Judgment or Order from the County Court to the High Court, and a request to issue a Writ is a reserved legal activity and can only be undertaken by You or a lawyer regulated by approved regulators in the legal services sector working under the oversight of the legal services board, such as a solicitor.
2. If you are a solicitor instructing HCEG, a solicitor instructed by us can act as your agent to transfer the judgment and request a Writ of Execution on your behalf. Their services to you are limited to the drafting of the forms and Writs of Execution, based upon the information provided by You, and lodgement of the same at the appropriate court.
3. If you are not a solicitor, it will be necessary for You to sign the appropriate forms to request a Writ of Execution. HCEG will provide guidance and assistance in the preparation of those forms and send them to You for your signature.

As You will be signing a statement of truth, it is Your responsibility to ensure the contents of those forms are true to the best of your knowledge and belief.

6. Your obligations

1. By instructing HCEG, You agree:
2. to provide HCEG with accurate information and documentation
3. to accept any responsibility for information given which proves to be incorrect
4. that you have a valid Judgment or Court Order, in which the debt is not regulated by The Consumer Credit Act 1974
5. that no other enforcement action is being carried out that will prevent or hinder HCEG carrying out their enforcement duties
6. to notify HCEG of any change in personnel to ensure that access to HCEG’s online portal is amended and access removed
7. to advise HCEG of any payment received directly from the Debtor
8. to advise HCEG immediately of any order from the Court which stays, suspends or stops enforcement
9. to pay all invoices within the payment terms set out on the invoice
10. to provide HCEG instructions promptly
11. to provide HCEG with instructions within 7 days of being notified that You admit or dispute a Third Party Claim following the execution of a Writ of Control
12. that information provided to You as part of HCEG’s trace service is confidential.
13. In the event You do not provide accurate information and/or documentation, You will be responsible for any additional costs incurred
14. You must inform HCEG of any hearing to set aside judgment. In the event that an Irregular Judgment is enforced, subject to any determination of the Court, You will be liable for the costs of enforcement.

7. Fees, Charges and Disbursements

1. The Court fee to transfer a Judgment or Order to the High Court for the purposes of enforcement and obtain a Writ of Execution is currently £78. This is payable to HMCTS and, once paid, cannot be refunded.
2. Unless You have agreed credit terms with HCEG, Compliance fee and any other payment as required by HCEG, is required before any services can be provided.
3. Clients with credit terms are liable to pay on receipt of invoice under the agreed credit terms.
4. Any change in Court fee and/or HCEG’s charges and/or the disbursements will take effect immediately, and HCEG require payment of any additional charges as a condition of the further provision of the services monies due are paid in full. You will be notified of any change as soon as possible.
5. HCEG reserves the right to charge interest at the rate of 8% above the Bank of England rate on any amounts outstanding, whether disputed or not, from the date that the payment was due up until judgment and continuing at that rate after judgment until payment.
6. HCEG will claim, if applicable, any compensation due under the Late Payment of Commercial Debts (Interest) Act 1998.
7. In the event You do not make payment of the invoice within the agreed payment terms, You will be liable for all costs associated with the recovery of those monies including but not limited to reasonable legal costs incurred, together with an administration charge of £50 plus VAT for each outstanding invoice.

8. Recovery of monies from the debtor/Fees when executing a Writ of Control

1. When executing a Writ of Control, HCEG, through the infrastructure it offers to its HCEOs and EAs, will seek to recover from the Debtor the fees and disbursements in accordance with the Taking Control of Goods (Fees) Regulations 2014 and any other legislation in force at that time.
2. In the event that execution of the Writ of Control is unsuccessful, You will be liable to pay a fee of £75 plus VAT (the Compliance Fee), which will be retained from the upfront payment you would have already made.
3. On occasion, to progress the enforcement of a Writ of Control, it may become necessary to apply to the Court for authorisation to recover exceptional disbursements. You hereby consent to HCEG making this application and recovering the exceptional disbursements from the Debtor.
4. If You receive monies to be offset against the Debt directly from the Debtor after the date that You have instructed HCEG, You will be liable for the fees of enforcement which would otherwise have been recovered from the Debtor.

9. Other enforcement services

1. Where the costs of enforcement cannot be recovered from the Debtor, such as the execution of a Writ of Possession, HCEG will provide an estimate of their charges and require a payment upfront. In the event You question an invoice, the matter will be reviewed but the balance of the estimated charges must be paid within the agreed payment terms.
2. In the event payment is not made, HCEG will charge interest and any other costs as detailed in paragraphs 8.4, 8.5 and 8.6.

10. VAT

1. VAT (if applicable) will be charged at the current rate on fees, charges and disbursements.
2. HCEG may be able to recover VAT from the Debtor as part of the execution process when executing a Writ of Control.
3. Where You are registered for VAT, the VAT element of our invoice will be deducted from the sums recovered from the Debtor and the VAT element will not be recovered from the Debtor. A receipted VAT invoice will be sent to you to enable you to recover the VAT element of HCEG’s charges as input tax.
4. Where you are not registered for VAT, we will recover our charges and VAT from the Debtor.
5. Where our charges (including VAT) are greater than the funds recovered from the Debtor, You will be responsible for payment of the balance due.
6. If HCEG are executing a Writ of Execution that is not a Writ of Control, You will be liable for the VAT.

11. Payments

1. Any monies recovered will be remitted to you after the 14-day statutory embargo period, in accordance with the Insolvency Act 1986.
2. You authorise the Enforcement Agent to enter into a payment arrangement under a signed Controlled Goods Agreement (CGA) where payment in full cannot be obtained.
3. If a stay of execution is issued by the court, any monies or assets recovered will remain under the control of HCEG until the outcome of the hearing.
4. Where proceeds of sale are insufficient to cover the balance in full, proceeds will first be applied to auctioneer’s fees, court fees, legal fees, exceptional disbursements, and the compliance fee. Any remaining amount will be applied 50/50 or as agreed, between the Client and any recoverable enforcement fees.
5. Where payment of the debt is made by a credit or debit card, we will endeavour to ensure that the payment is classed as “cardholder present”. If we are not able to obtain this authority, and the payment is charged back by the cardholder within 12 months, we will give you notice to reimburse that payment within fourteen (14) days of that notice.

12. Land and Property Services

1. HCEG will use reasonable best endeavours to have sufficient resources available for the planned eviction.
2. When undertaking a Commercial Eviction, You will be provided an Estimate which will set out HCEG’s minimum charges for which You will be responsible if the eviction is completed within the estimated time scale.
3. If You withdraw, cancel, re-arrange or delay the planned eviction, or HCEG withdraw and/or cancel the eviction due to circumstances beyond their control, You will be liable for the charges as detailed below:

• Residential evictions – if the tenant leaves during the notice period or the eviction is cancelled, You will be liable for the minimum amount set out in the Estimate.
• Commercial evictions and Common Law Evictions – If an eviction (other than a residential eviction) is cancelled within 48 hours of the scheduled date and time, You will be liable for 50% of the minimum amount set out in the Estimate. If an eviction is cancelled within 24 hours of the scheduled date and time, You will be liable the minimum amount set out in the Estimate.
• Forfeiture – if a forfeiture or peaceful re-entry instruction is cancelled within 48 hours of the scheduled date and time, You will be liable for 50% of the minimum amount set out in the Estimate. If a forfeiture or peaceful re-entry instruction is cancelled within 24 hours of the scheduled date and time, You the minimum amount set out in the Estimate.
• CRAR – if a CRAR instruction is cancelled within [time to be added] You will be liable to pay a fee of £75 plus VAT (the Compliance Fee), which will be retained from the upfront payment you would have already made.

13. Trace

1. All information gathered via our trace service is in accordance with GDPR and the Data Protection Act 1998. It is agreed that in all trace processes all information is supplied in confidence. You agree that all information supplied is on the express understanding that we are not to be held responsible for any damage or loss arising from insufficient or inaccurate information supplied, whether by reason of mistake or negligence of the agency or its servants.

14. Exclusion of Liability

1. HCEG will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, or loss of an opportunity, even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
2. HCEG shall bear no liability for loss and/or damage arising from matters outside of our control.

15. Advice given

1. HCEG are not solicitors and do not provide legal advice. Any information provided by HCEG relates strictly to the provision of its services and cannot be relied upon as legal advice.
2. HCEG accepts no liability for any actions You may take or loss or damage You incur as a result of information given in any communication with HCEG or contained in marketing material. HCEG accept no liability for loss or damage You may suffer by instructing any firm of solicitors to whom we may refer.
3. None of the content presented on any of HCEG’s websites constitutes legal advice.

16. Professional Indemnity Insurance

1. HCEG carries professional indemnity insurance, public liability insurance and employer liability insurance. These policies are maintained at an appropriate level of care and are regularly renewed (annually). Details may be obtained upon request by writing to our registered office.

17. Complaints

1. HCEG aims to provide a high-quality service to You. If You have a concern about the way your case is being handled, then you should raise this with your appointed representative within the Client Services Team on clientservices@hcegroup.co.uk.
2. If You remain dissatisfied with the response, HCEG’s complaints procedure guidelines can be found on our website.

18. Your right to cancel

1. Under the Consumer Contracts Regulations 2013, where You are not acting as a business and have instructed HCEG to assist You, You have a right to cancel within 14 days with no obligation to HCEG. As a result, HCEG have to wait for the 14 day period to expire before we can proceed with your instruction unless HCEG receive Your written authority to proceed without delay.
2. If You wish to cancel, it will help us if You use our form of notice so there can be no misunderstanding. You do not need to notify us in any specific terms as long as it is in writing and it is clear You wish to cancel the instruction.
3. The right to cancel only applies if HCEG receive it within 14 days or before Your authority to proceed without delay whichever occurs first.

19. Data Protection

1. Please refer to our privacy policy for information on how HCEG collect, store and process your personal data: hcegroup.co.uk/privacy-policy

20. Notices

1. Any notice to be given to us may be sent to HCEG at our registered office, and, any notice to be given by us, may be given to you at your last postal and/or email address known to us.
2. The Terms and Conditions detailed on our website are current and supersede any previous terms and conditions.

21. Amendments to our Terms and Conditions

1. HCEG may revise the Terms and Conditions at any time. The amended Terms and Conditions will be effective from the date they are posted on our website https://hcegroup.co.uk/terms-and-conditions.
2. You are expected to check the Terms and Conditions from time to time to take notice of any binding changes that may have been made. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our website and may include Regulatory changes.
3. These Terms and Conditions shall not affect any provision of the general law or professional standards applicable to the relationship between HCEG and You.

22. Acceptance of our terms and conditions

1. HCEG require Your signature to confirm that You have received these terms and conditions, that You have read and understood them and that You agree to them. If there is any aspect with which You take issue, then you must raise it before returning the acknowledgement.
2. Our obligations to You will start as soon as HCEG receive:
3. The acknowledgement form provided with these terms; and
4. Any initial payment we have requested from you.
5. Where we have identified in our acknowledgement form that you have a right to cancel, our obligations to you will start from the earlier of 14 days after you receive our notice to that effect and the date when we receive your instruction to proceed without delay.