Please clarify Article 8 of the High Court and County Courts Jurisdiction Order 1991

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carrs2009
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#1 Please clarify Article 8 of the High Court and County Courts Jurisdiction Order 1991

Post by carrs2009 » 04 Dec 2016 15:38

Hello all. I am new to the forum and am finding it really useful. I wonder if anyone can help me on this issue regarding High Court enforcement of ccj's
The minimum amount allowed for the use of High Court Enforcement is £600 if I am not mistaken. Please clarify this part of the law for me on the basis of the following circumstances.

I had a ccj of £506 (court costs included) back in 2015. I tried to have it set aside in December 2015 without success. I then started paying instalments in January as ordered by the court. Then in last month, with the balance down to £390, the creditor demanded the full amount and within a few weeks, I received Notice of Enforcement from a HCEO!! Apparently the ccj has been referred to the high court, a writ has been obtained and I have literally one week to pay money that I do not have.
I understand if the original judgement is less that £600, the creditor cannot do this - or there is a catch somewhere.
Please advise me
Also, the ccj was for a windscreen replacement so I am pretty sure it does not fall under the Consumenr Credit Act??

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Schedule 12
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#2 Re: Please clarify Article 8 of the High Court and County Courts Jurisdiction Order 1991

Post by Schedule 12 » 04 Dec 2016 16:02

If the ccj was under £600 when it was transferred up then it's invalid.

Paragraph 8 of the High Court and County Courts Jurisdiction (Amendment) Order 1999 states;
8. In sub-paragraph (1)(b) of article 8, for “£1,000”, substitute “£600”.

If the writ is enforced you can sue the creditor for damages plus everything made over.

The cause of action is brought under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 because the writ is a " Defective Instrument".
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carrs2009
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#3 Re: Please clarify Article 8 of the High Court and County Courts Jurisdiction Order 1991

Post by carrs2009 » 04 Dec 2016 16:15

Thank you for the swift response. So are we looking at the 'balance of the judgement at the time of transfer to high court'?
Not the "original amount of the judgement??"

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#4 Re: Please clarify Article 8 of the High Court and County Courts Jurisdiction Order 1991

Post by Schedule 12 » 04 Dec 2016 16:36

Yes. The sum on the N24 judgment.
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carrs2009
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#5 Re: Please clarify Article 8 of the High Court and County Courts Jurisdiction Order 1991

Post by carrs2009 » 08 Dec 2016 17:04

Here is an update on this case following your advice:
- applied to the High Court to have a stay of execution and to have the writ checked for compliance. Also requested to continue to pay by instalments
- also applied to County Court to have the original judgement varied
- then informed the enforcement agent about this

Enforcement agent was also specifically informed that there were children and/or vulnerable people in household at all times and I (the debtor) would only be available certain times
But agent still turned up and entered the property despite this (let in, of course, by the vulnerable person).
Are they supposed to do this?

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#6 Re: Please clarify Article 8 of the High Court and County Courts Jurisdiction Order 1991

Post by Schedule 12 » 08 Dec 2016 18:08

The bailiff was not empowered to enter.

The bailiff has breached a Schedule 12 provision and you can sue for damages.

Provision 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
  • 6(1)For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph.

    (2)The property in any goods ceases to be bound—
    • (a)when the goods are sold;
      (b)in the case of money used to pay any of the amount outstanding, when it is used.


    (3)The property in all goods ceases to be bound when any of these happens
    • (a)the amount outstanding is paid, out of the proceeds of sale or otherwise;
      (b)the instrument under which the power is exercisable ceases to have effect;
      (c)the power ceases to be exercisable for any other reason.



The redress for this breach is in provision 66 of Schedule 12:
  • 66(1)This paragraph applies where an enforcement agent—
    (a)breaches a provision of this Schedule, or
    (b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

    (2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

    (3)But the debtor may bring proceedings under this paragraph.

    • (4)Subject to rules of court, the proceedings may be brought
      (a)in the High Court, in relation to an enforcement power under a writ of the High Court;
      (b)in the county court, in relation to an enforcement power under a warrant issued by the county court;
      (c)in any other case, in the High Court or the county court.


    (5)In the proceedings the court may—
    • (a)order goods to be returned to the debtor;
      (b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.


    (6)A related party is either of the following (if different from the enforcement agent)—
    • (a)the person on whom the enforcement power is conferred,
      (b)the creditor.
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