Enforcing Judgements After COVID-19 Times

The debt recovery team at Woodstock enforces thousands of judgments against ex-tenants for our landlord clients and, despite the pandemic being over, there remains some impact on the ability to enforce these judgments.

Back in August 2020, the Government published guidelines for the safety of all enforcement agents. There are still some restrictions on residential visits, however this was relaxed further on 31st May 2021. Being able to enter a debtor’s property will undoubtedly assist with recovery moving forward, as it has certainly been a challenging time for our enforcement agents throughout the Covid-19 pandemic.

When an enforcement agency is instructed, it must first obtain a Writ of Control and send a Notice of Enforcement, which gives the debtor seven clear days (excluding Sundays and bank holidays), to settle the debt to avoid the potential for removal of goods. In normal circumstances, an agent would simply attend the debtor’s premises, whether commercial or residential, to try to collect payment or take control of goods.

However, the Government guidelines provide that an agent must make reasonable attempts to contact households prior to visits to residential property where possible, to assess risk and ensure that a visit can proceed safely in accordance with social distancing. Such contact may include telephone calls, text message, letter, or email. If the debtor informs the agent that anyone in the household has symptoms or has been advised to shield, the agent will not be able to proceed with the visit at that time.

Assuming that this has been done and an attendance has been made, the agent should establish, from a safe distance, whether there is a requirement for them to enter the property. If so, appropriate steps should be made including maintaining social distancing, the use of PPE, minimising contact with householders or surfaces and/or objects within the property unless necessary i.e., to take control.

Whilst these rules are in place for residential property, an agent visiting a place of business should observe any measures that the business has in place to ensure the safety of both their customers and workers.

As you will not be surprised to hear, we have seen an increase in debtors using Covid-19 as an excuse to try to evade payment of their debts and feeling that it should be their right to withhold payment as a result of the pandemic. This is not the case and is certainly not a reason for someone to not pay their debts. Even if they can only afford to pay by instalments, they still need to show at least an intent to settle any monies owed if they are able to do so.

At Woodstock we look at all methods of enforcement available to our clients. We will also actively look to arrange settlements direct with the debtor to ensure the money starts to be collected as soon as possible.

The more information we have on the debtor from agents’ records, referencing reports etc. the better, as we are able to make an informed decision about the best method of enforcement and the likely prospects of recovery.