Terms of Business for High Court Enforcement Services
CFS Collections enforcement terms of business are set out below, these explain how we provide our enforcement services to private individual or authorised company/representative.
By instructing CFS Collection to enforce a Writ of Fieri Facias, as a Claimant or a Company, you are agreeing to CFS Collection requesting the ‘transfer up’ of the judgment or order to the High Court for Enforcement by our agents.
Please be aware that we are not a solicitors firm and we do not provide legal advice (this can be provided through our partnered solicitors). If you require advice about any of the issues relating to the transfer up of a judgment to the High Court or enforcement thereafter please seek independent legal advice.
It is the clients obligation to ensure that all details provided in the instructions are true and correct. CFS Collection and any partners accepts no responsibility for costs or damages resulting from incorrect and/or untrue information being provided when requesting the use of our services.
Once we have complete and signed instruction CFS Collection and its partners will complete all the necessary documentation required. The completed and signed form will be sent directly to the issuing County Court for it to be sealed and returned.
Please be aware that we cannot guarantee the speed in which the County Court seals and returns Form N293A . CFS Collections does not accept responsibility and shall bare no cost for lost or damaged documents.
On receipt of the sealed Writ, CFS Collections shall arrange for it’s enforcement officer to enforce in accordance with the High Court Enforcement Officers Regulations 2004.
Our enforcement officers will make a maximum of 3 visits to the enforcement address as directed with one out of hours visit. If the defendant has vacated the premises we will communicate with the client requesting further instructions.
If a client choses to direct our enforcement officers to additional addresses, the client will be liable to the standard abortive fee of £60 plus VAT per address visited, if enforcement is unsuccessful.
The enforcement officer can accept payments in the following ways, cash, bankers draft, debit/credit card, electronic bank transfer and cheque’s.
Any communication received directly from or on behalf of the defendant should be forwarded to CFS Collections immediately. If a payment is received from or on behalf of the defendant, this should be forwarded to CFS Collections. CFS Collections must be made aware of any direct payments within 72 hours of receipt of any such payment. Failure to notify us of any payment may result in the client being liable for our fees, costs and charges.
If the defendant is unable to make payment in full and the goods available deem to be of insufficient value in order to satisfy the sum due, the enforcement officer will attempt to take part payment and secure the balance of the debt upon the goods seized by way of a walking possession agreement.
We will communicate with our clients on the defendant circumstances and when required, under the instructions of our clients, we will look to take payments by way of installment.
CFS Collections shall take their fees, costs and charges in part from the first payment. All money collected shall be split on a 65/35 basis with you until the debt is cleared.
CFS Collection will monitor any arrangements made with defendants, should an arrangement be broken, we will communicate with the defendant with a view to reinstate the arrangement, failing this our enforcement officers will re-attend the defendants premises. Should a revisit be required the defendant will incur further fees and charges.
CFS Collection must hold any monies in accordance with the Insolvency Proceedings (Monetary Limits) Order 1986 (SI 1986, No. 1996), this money must be retained for a period of 14 days before payment may be made to the client/claimant. Payment will be made on the 15th day, weekends permitting, thereafter by way of cheque or bank transfer. In accordance with (s.184 and s.346 Insolvency Act, 1986)
Should the removal of goods or the services of a third party be required, CFS Collection will require the claimant to sign an indemnity form, prior to these services being provided. If the defendant payments or the sale of seized good does not cover the services of a third party provider costs the client will be liable for the charges of such services.
By instructing CFS Collection and its enforcement officers, you agree to pay the charges as set out by the Ministry of Justice and the High Court Enforcement Officers Association. The charge of £60.00 plus VAT will be charged for each address you instruct us to visit should our enforcement efforts be unsuccessful.
Should the defendant get the judgment set aside and you negotiate settlement outside the enforcement process the client will be liable for any fees and costs on work completed.
CFS Collection reserve the right to charge additional fees if exceptional or unexpected work is required, the client will be requested to confirm if they wish us to proceed prior to these charges being added.
We reserves the right to stop the transfer-up or enforcement until such time as all monies due are settled in full.
If you wish to cancel the instructions to transfer up, this should be made directly to CFS Collection in writing by post or by email at enforcement@cfs-ltd.com. Please note, should the Form N293A have been sealed prior to your cancellation, CFS Collection will charge you £60.00 plus VAT administration fee.
The cancellation of enforcement procedures should be made to CFS Collection in writing by post or by email to enforcement@cfs-ltd.com immediately. You may be liable to regulatory abortive fees or fees for work done depending on the stage of enforcement and the reason for the cancellation.

