The laws say judgments debts must be over £600 before it can be transferred up to the High Court for enforcement. You can apply to have the writ set aside and apply for your costs. These costs are called indemnity costs, which means the bailiff pays them because he transferred up a judgment debt that is under £600 against regulations.
The original judgment debt is under £600
The writ is not valid. You can apply for it to be set aside and ask for your costs.
Article 8 of the High Court and County Courts Jurisdiction Order 1991 states:
8.—(1) A judgment or order of a county court for the payment of a sum of money which it is sought to enforce wholly or partially by execution against goods—
(a)shall be enforced only in the High Court where the sum which it is sought to enforce is £5,000 or more and the proceedings in which the judgment or order was obtained did not arise out of an agreement regulated by the Consumer Credit Act 1974(1);
(b)shall be enforced only in a county court where the sum which it is sought to enforce is less than £2,000;
(c)in any other case may be enforced in either the High Court or a county court.
(2) Section 85(1) of the County Courts Act 1984 is amended by the insertion, at the beginning of the subsection, of the words “Subject to article 8 of the High Court and County Courts Jurisdiction Order 1991,”.
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”.
Quoting the above-mentioned legislation, you apply for a stay of execution of the writ because the transfer up to the High Court for enforcement is not compliant to the operation of Article 8 of the High Court and County Courts Jurisdiction Order 1991.
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