Instruction form to take possession of property using a ...

1 Phoenix HCE Ltd, AMP House, Dingwall Road, Croydon, Surrey. CR0 2LX. Tel:020 8787 5907. Instruction form to transfer up and enforce an order for possession using a writ of possession Instructing party Company name: _____Your ref: _____. Contact name: _____. Address: _____. _____ Postcode: _____. Telephone: _____ Email: _____. Details of property enforcement is to take place Name: _____. Address: _____. _____ Postcode: _____. Details of landlord or agent to be present Name: _____. Company: _____. Telephone: _____ Email: _____. Is the enforcement address: Residential: Commercial: Land: Additional information that may assist enforcement ( how many occupants, number of entrances, aggravating factors etc.). _____. _____. _____. _____. _____. _____. 1. V4 May 18. Phoenix HCE Ltd, AMP House, Dingwall Road, Croydon, Surrey. CR0 2LX. Tel:020 8787 5907.

2 Locksmith & security Do you require Phoenix HCE to provide a locksmith or method of entry team? Yes: No: If arranging your own, please provide contact details: Company: _____. Contact name: _____ Telephone: _____. Check list I have enclosed a cheque for 66 payable to Phoenix HCE Ltd ( 66 is payable to the court for the writ). I have enclosed a separate cheque for 100 payable to Phoenix HCE Ltd (N244 application for permission to issue a writ). OR. I have transferred _____ using _____the court claim number as the reference. Bank Account Name: Phoenix HCE Ltd Bank Account Number: 23364661. Bank Sort Code: 01-01-42. I have enclosed a copy of the possession order I have enclosed a completed certificate of Service ( n215 ). I authorise Phoenix HCE Ltd to obtain the writ using their nominated solicitors, Woodfines Solicitors, to sign the Application for permission to transfer the Order for possession to the High Court and the Application for a Writ I consent to Phoenix HCE passing my data to their nominated solicitors, Woodfines Solicitors, for the purpose of transferring the possession Order I understand that they are not authorising their nominated solicitors to act in any other capacity for the Claimant (or the Solicitors as representative for the Claimant).

3 I confirm that the details given in this Instruction are correct to the best of my knowledge and accept any responsibility for any inaccurate information provided I confirm that I have read & understood the Terms and Conditions as laid out in pages 3 & 4. Name (please print): _____. Company (if applicable): _____. Signature: _____. Date: _____. 2. V4 May 18. 1. Provision of these Terms Conditions These Terms and Conditions are also available to view on our website at and upon request in writing to the address detailed in the Introduction below. 2. Previous Terms and Conditions The Terms will only supersede previous Terms where the enforcement power changes from the appropriate regulations at the time of Instruction to The Taking Control of Goods Regulations 2013. (TCGR). 3. Introduction Phoenix HCE Limited, for the purposes of these Terms and Conditions, trades its business as Phoenix High Court Enforcement ( PHCE ).

4 PHCE provides a variety of services to their clients or potential clients ( the Client ) including but not limited to; enforcement, debt recovery, tracing, investigation, repossession, eviction, security and legal activities. We are registered at Companies House under No. 09605267 and our registered office is at 3-4 Bower Terrace, Tonbridge Road, Maidstone Kent ME16. 8RY. 4. Instructing us a. By completing an Instruction Form and/or instructing PHCE by any other means, you, the private individual, firm, authorised company representative or legal professional instructing us become the Client' and authorise PHCE to provide the services to you as set out in the Instruction Form. b. By becoming the Client you agree to be bound by these Terms and Conditions. c. PHCE reserves the right to decline any instructions without stating a reason. In such circumstances any monies paid to PHCE in respect of those instructions may be refunded upon written request and approval by a Director.

5 Please note this does not include any fees which were made payable to Her Majesty's Court and Tribunal Service (HMCTS). 5. Definition of the terms These Terms and Conditions apply to the provision of services by PHCE and no variation, alteration, substitution or modification of these Terms shall be binding on PHCE unless expressly agreed by a Director of PHCE. The Client agrees to be bound by these conditions upon providing PHCE with an Instruction . 6. Governing law These Terms and Conditions shall be governed by and construed in accordance with the law of England & Wales, and each of the parties submits to the exclusive jurisdiction of the courts of England & Wales. 7. Cancellation of an Instruction The cancellation of an Instruction for transfer up should be made directly the Transfer Up Department in the first instance by contacting them on 020 8787 5907 or by email to or, if necessary, to the Client services team by email to 8.

6 The work Phoenix HCE Limited, Registered in England and Wales, No: 09605267, Vat Registration No: 260012463. V6 9 Jan 18. Registered Office, 3-4 Bower Terrace, Tonbridge Road, Maidstone, Kent, ME16 8R. a. Transfer to the High Court for enforcement. PHCE or their nominated solicitor shall obtain the appropriate certificate from the appropriate Court for transfer of a judgment to the High Court for the purposes of enforcement. Upon receipt of the certificate PHCE or nominated solicitor will thereafter obtain the appropriate Writ of execution in the name of an Authorised High Court Enforcement Officer (pursuant to paragraph 2. (1) of Schedule 7 of the Courts Act) as directed by PHCE. Where PHCE or nominated solicitor is provided with the appropriate sealed certificate by the client only the latter part of this work will apply. The fee payable to HMCTS to obtain a Writ is a fee of HMCTS and not that of PHCE.

7 B. High Court enforcement - Writs of execution PHCE's Authorised High Court Enforcement Officers, Enforcement Agents and Agents shall undertake the enforcement action as directed in the Instruction Form completed by the Client. PHCE may also use a telephone collection strategy in conjunction with enforcement agent attendances to enhance monetary recovery rates. c. Commercial Rent Arrears Recovery ( CRAR ), Forfeiture of Lease and any other enforcement services under Common Law PHCE's Enforcement Agents and Agents shall undertake the enforcement action as directed in the Instruction Form as completed by the Client. d. Other services PHCE'S Authorised High Court Enforcement Officers, Enforcement Agents, Debt Recovery Agents, Field Agents, Repossession Agents, Security Officers and/or any other Contracted Staff or Employees shall undertake the services as directed in the Instruction Form as completed by the Client.

8 9. Fees, charges and disbursements PHCE will apply fees and disbursements as stipulated in The Taking Control of Goods (Fees). Regulations 2014, in the High Court Enforcement Officers Regulations 2004 and/or any other appropriate Regulations and these fees are recoverable from the debtor in the first instance. a. The Client, with consent of the Creditor, hereby authorises PHCE to, if necessary, apply to the appropriate Court that the enforcement agent may recover from the debtor exceptional disbursements which are not otherwise recoverable under the Regulations. b. PHCE and/or the Client/creditor shall satisfy the Court that the disbursements to which it relates are necessary for effective enforcement of the sum to be recovered, having regard to all the circumstances including the amount of that sum; and the nature and value of the goods which have been taken into control, or which it is sought to take into control.

9 C. In matters relating to the recovery of monies, if the Client receives payment on or after the date of Instruction the Client must forward the sums to PHCE in full unless expressly agreed otherwise by PHCE. If the Client or creditor negotiates payment outside of the enforcement process, either by agreement or consent order, the Client becomes liable to the full fees charged by PHCE that otherwise have been recoverable from the debtor under the relevant Regulations. d. In certain activities and services ( evictions) PHCE will invoice the Client directly for the costs associated with providing the service. In such circumstances the Client will make payment of the sums due within the timescales specified on the invoice. If any element of an invoice is queried that part of the invoice which has not been queried is to be paid in any event. Phoenix HCE Limited, Registered in England and Wales, No: 09605267, Vat Registration No: 260012463.

10 V6 9 Jan 18. Registered Office, 3-4 Bower Terrace, Tonbridge Road, Maidstone, Kent, ME16 8R. e. PHCE reserves the right to charge late payment interest at eight per cent above the Bank of England base rate on any balance outstanding. The Client will also make payment of costs associated with debt recovery procedures, where applicable, should the matter remain unpaid beyond the terms stated. f. The Client agrees that where enforcement is unsuccessful in matters regulated by the Tribunals Courts and Enforcement Act 2007 he will be liable for the Compliance Fee [ plus VAT as at 6th April 2014], triggered by the Compliance Stage, in accordance with the High Court Enforcement Officers Regulations 2004 No. 400, Part 4, Regulation 13(3A) as amended by The Tribunals, Courts and Enforcement Act 2007 Consequential, Transitional and Saving Provision).