The methods of enforcement available to a judge are defined in the 1998 Codes of Civil Procedure, paragraph 70. Enforcement proceedings are initiated on request before the courts. The rules of civil procedure (CPR) in terms of enforcement are numerous and sometimes complex. The purpose of this practice note is to provide an overview of the enforcement practices that creditors can use in the enforcement of judgment debts arising from consumer credit transactions. More detailed advice can be found in Lexis®PSL Dispute Resolution. Creditors of the award may, if they wish (and can afford to) enforce their judgment by applying one or more methods of enforcement simultaneously (some methods are mutually exclusive). The available options are defined in the Civil Procedure Codes 1998, s 70. In summary, the relevant methods of implementation: compliance with the rules is essential. As shown below, a lender that does not comply must apply to the court for an injunction if it wishes to implement the guarantee. If the court refuses to issue this order, security must be treated as if it were never effective.

Essentially, the borrower must be placed in the position where he rubs off if the collateral had never been removed and the creditor has no choice. As a result, the acquisition and enforcement of collateral by the Consumer Credit Act 1974 (CCA 1974) is strictly regulated. The most important provisions are laid down in Sections 105 to 126 of the 1974 CSF and lenders are not free to conclude contracts on the basis of these provisions. It is not uncommon for consumer credit agreements to be covered by the acquisition of a guarantee either by the debtor or by a third party. Security provides lenders with decisive protection against the risk of delay of a borrower who is unable to enforce a judgment against him. It can also prove to be a heavy burden for a debtor, for example if the insured guarantee is a burden on his dwelling. As a general rule, a creditor expects payment of funds due, delivery of goods or any other form of mandatory or judicial omission. A creditor of a successful judgment may attempt to enforce his award by compensating or recovering a claim at the same time as the costs of enforcement. . . .