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We have lots of different enforcement options available to you, depending on your individual needs. You can see pricing for all of our enforcement services at the bottom of this page.
Please note, the below does not constitute any form of legal advice and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances and is not intended to be relied upon by you in making (or refraining from making) any specific decisions.
A Warrant of Control is a legal document issued by the Court, which authorises a Bailiff to attend the debtor's address to try and recover the outstanding debt.
An application for a Warrant of Control is sent to the Court before being passed to a Bailiff for execution. This method of enforcement is only available if the awarded County Court Judgment is not more than £5,000.00.
The role of a High Court Enforcement Officer is to enforce orders issued in the High Court - or orders transferred from the County Court to the High Court - for the purpose of enforcement.
High Court Enforcement Officers are similar to a County Court Bailiff. The Judgment must be more than £600.00 and cannot be used to enforce payment under the Consumer Credit Act agreement.
A Charging Order is a Court Order that allows the creditor to secure a Judgment debt against the debtor’s property or share in the debtor’s property. The creditor can apply for a charging order at the same time as other enforcement methods and is available for any Judgment amount.
An Order for Sale is a court order which allows a creditor to sell the property which is affected by the Final Charging Order. The creditor would be entitled to receive payment of the amount owed to them from the proceeds of sale. This method of enforcement is available to the creditor if the debt is over £1,000.00.
An Attachment of Earnings is available against an individual and only available in the County Court. An Attachment of Earnings Order is an Order that compels a Judgment debtor’s employer to deduct a sum from the Judgment debtor’s salary, each month and pay it into Court. Those monies are then paid to the creditor.
A Third Party Debt Order is an Order of the Court that essentially intercepts and freezes money that is due to the debtor from a third party/belongs to the debtor but is held by a third party. This method of enforcement is available for any judgment amount.
Bankruptcy is the liquidation of a debtor’s assets in an attempt to release funds to pay creditors. It is unlikely creditors will receive the full sum owed to them if a debtor is made bankrupt, but they may receive a dividend.
To petition for bankruptcy the debt must be worth £5,000.00 or more, be undisputed, unsecured (or it is secured but the creditor is willing to give up the security) and it appears the debtor is unable to pay or has no real prospects of paying.
Prior to petitioning for the bankruptcy of an individual, a Statutory Demand must be served. Statutory Demands sent to individuals must be personally served by a process server. If, after 21 days from service of the Statutory Demand, payment is not received, a bankruptcy petition may be filed at Court.
Winding Up is the process of liquidating a company’s assets to repay creditors. To wind up a company the creditor must be owed £750.00 or more and be able to prove that the company cannot pay the debt.
It is not necessary to send a Statutory Demand in advance of a winding up petition. A letter warning of a creditor's intention to file a winding up petition is sufficient. Alternatively, a Statutory Demand can be served.
If a winding up petition is necessary, it can be filed at Court and the application will be listed for a hearing, following which the petition will be advertised in The London Gazette.
VAT is payable on all Restons costs/fees and may be payable on disbursements (e.g. counsel fees, process server fees, etc.).
| Order for the Debtor to Attend Court | |
| Court fee (making an application for an Order) | £59 |
| Court fee (making an application for Bailiff service) | £119 |
| Restons’ fee (for application on paper) | £150 |
| The Court fee can be claimed from the debtor. | |
| Warrant of Control | |
| Court fee | £83 |
| Restons fee | £150 |
| The sum of £83.00 can be claimed from the debtor. | |
| High Court Enforcement Officer | |
| Court fee | £71 |
| High Court Enforcement Officer fee | £75 |
| Restons’ fee | £150 |
|
The sum of £146.00 can be claimed from the debtor.
*Additional fees may be charged by the High Court Enforcement Officer depending on how and on what stage the debt is paid. Further details to be provided upon request. |
|
| Charging Order | |
| Court fee | £119 |
| Land Registry search fees | £3.00 each (usually £3.00-£12.00) |
| High Court Enforcement Officer fee | £20.00 each (usually £20.00-£40.00) |
| Restons’ fee(assuming no hearing) | £350 |
| The sum of £229.00 plus Land Registry fees can be claimed from the debtor. | |
| Order For Sale | |
| Valuation fee | TBC |
| Application fee | £332 |
| Restons’ fee up to date of hearing | Billed at hourly rates (estimates can be given) |
| Land Registry search fees | £3.00 each (usually £3.00-£12.00) |
| Land Registry Registration fee | £20 |
| Advocate/Counsels fee | TBC |
|
If the matter proceeds to a hearing, all costs will be claimed from the debtor.
If the Order is made and the debt remains unpaid and the Debtor fails to leave the property within a specified period of time (usually 28 days), you can apply for a warrant of possession. Further details and estimates can be provided upon request. |
|
| Attachment of Earnings | |
| Court fee | £199 |
| Restons’ fee (assuming no hearing) | £350 |
| The sum of £119.00 can be claimed from the debtor. | |
| Third Party Debt Order | |
| Court fee | £119 |
| Restons’ fee to the date of the hearing | £800 |
| Advocate/Counsel’s fee | TBC |
| If the matter proceeds to a hearing, all costs will be claimed from the debtor. | |
| Bankruptcy | |
| Statutory Demand | |
| Restons' fee | £250 |
| Process Server’s fee | TBC |
| Bankruptcy | |
| Trustee’s Deposit | £1500 |
| Process Server’s fee | TBC |
| Court fee | £302 |
| Restons’ fee to the date of the hearing | Billed on our hourly rates, estimate can be provided |
| Advocate/Counsel’s fee | TBC |
| The full costs can be claimed from the debtor. | |
| Winding Up | |
| Pre-petition | |
| Restons’ fee to send warning letter | £150 |
| Or to send Statutory Demand | £250 |
| Process Server fee (if elected) | TBC |
| Winding Up | |
| Official Receiver’s Deposit | £2600 |
| Court fee | £302 |
| Process Server’s fee | TBC |
| Law Gazette fee | £109.20 (third party fee, subject to change) |
| Restons’ fee to date of hearing | Billed on our hourly rates, estimate can be provided |
| Advocate/Counsel’s fee | TBC |
| The full costs can be claimed from the debtor. | |
Any reference to costs being incurred on a time and materials basis/hourly rates will be charged at our hourly rates, set out below, together with VAT and disbursements.
| PAY BAND | FEE EARNER | HOURLY RATE (EXC VAT) |
| A | Solicitors and legal executives with over 8 years' experience | £300 |
| B | Solicitors and legal executives with over 4 years’ experience | £220 |
| C | Other solicitors or legal executives and fee earners of equivalent experience | £200 |
| D | Trainee solicitors, paralegals and other fee earners | £150 |
All fees quoted on this page are correct at the time of writing (February 2023) however fees which are set by the HM Courts and Tribunals Service or the Civil Procedural Rules are subject to change.
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