bazm
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Posts
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No one going to comment about the car being on finance and what the EA will do if you refuse to pay? Just playing devils advocate.....
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I think its sad reflection that (allegedly) some EAs are treating the Sale/Removal fee the same as the disreputable Van fee of old. MoJ are quite clear on this. You have to first take control of the goods and then take an action that moves it into the sale/removal stage. Common scenario is to immoblise a vehicle, debtor refuses to enter a CGA. EA then requests a removal vehicle to attend. At that point the sale/removal fee kicks in.
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Liability Orders and CCJ's
bazm replied to Coughdrop's topic in Bailiffs and Enforcement Industry - General discussions
Where does it say EVERY liability order? Is it right that someone refuses to pay their share of council tax and yet is able to get a loan and increase their indebtedness? How about borrowing money to go on holiday yet has several court orders against them. A person can have commital proceedings against them yet still be able to borrow. Guess who picks up the tab - you do, we all do. No one is suggesting that vulnerable people get a ccj. If a threat of a ccj stops further irresponsible borrowing don't you think thats a sensible idea? I think you're giving the idea too much credit "This is madness beyond belief. Trade in the UK will die as even subprime credit struggles to keep up with demand from the majority of the population and the vast number of businesses who now have CCJ's, so cannot access normal lines of credit. Prices will rocket. Inflation will go sky high." -
Well done for wasting police time
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Please note that TEC warrants no longer expire after 12 months (since 6 April 2014). All that the EA needs to do if they have indeed failed to take control of goods within 12 months is to start again at the compliance stage. Sadly TEC keep giving out the wrong advice. I'm not at work so can't give you the CPR amendment details.
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A couple of things; Many councils did set up their own '14 day LO letter' after 6th April. However, there is now a movement to remove this because it's introducing expensive and unnecessary delays to recovery. Secondly, the £75 compliance fee is added to the debt as soon as its received by the EA and does not depend on a compliance letter being produced to trigger the fee.
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Was that really necessary? I didn't realise I'd posted on one of those 'other' forums.
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This has been a long time coming. Hopefully the membership will hit 300+ quickly (potential is nearly 1000 members) and MoJ will invite them to parcipitate in any discussions.
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Private bailiffs still have their DVLA access (because they pay for it?) Its the local authorities, police and other public bodies that lost access. Anyway, I'm a lone voice because I like the idea of ID cards and joined up data. As ex police I was always frustrated by the way big criminals used the law to beat the system. And all the time we have shady politicians looking over their shoulders it will never change. Look how easy it is to use company law to rip people off....time for a lie down!
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I try to avoid stories that don't have a local/central government angle. Otherwise I'd end up with too many scoops a day. There are other scoop pages dedicated these types of articles.
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Since when did EA's/bailiffs carry signed/stamped court documents. Last time I saw one was in general rate days unless you are referring to rent pre CRAR, and of course this is not a court derived warrant. I cannot comment on Mag fines or HCEO writs though.
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This worries me. I had heard of some EAs at compliance stage not accepting an arrangement unless they called and obtained a Controlled Goods agreement. Either this is a hangover from pre 6th April or a blatant attempt to increase fees. There are two solutions; ensure that MoJ are aware and FOI request to obtain details of the SLA or Contract (I think someone suggested this earlier). I can't think of any creditor who would want it otherwise
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The EA (bailiff) is acting on behalf of the council. It is wrong for them to wash their hands of the EA's action. Also, its Ctax and there is no warrant procedure available to force entry unless goods have been moved there to avoid control being taken of them. Although Schedule 12 is very confusing! Not sure if contacting MP is useful. Far better to lodge a complaint. I know the LGO are waiting for this type of refusal to be escalated up to them.
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I believe VAT can be charged on storage and auctioneer costs to the debtor
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And then you read of a hedge fund manager evading fare dodging by paying a 'fee' and Bernie Ecclestone avoiding a mega tax bill by paying 10% and you realise there is something seriously wrong with this country where we continue to squeeze those on benefits/low income as a vote catcher. The trouble is that the media is controlled so tightly that everyone 'believes' that anyone unemployed (worse if not born here) is a huge drain on this country's resources . Sorry for the off-route rant!
