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Schedule 12 analysis

lamma posted a topic in Bailiffs and Enforcement Industry - General discussions

Much has been spoken of this. I have not (yet) done any detailed analysis but the ball needs to start rolling. So I 'kick off' with these two (extremely) cursory observations:- 1) 104 (2) means that the Act bites for parking tickets viz:- “judgment debt” means either of the following— (a) a sum which is payable under a judgment or order enforceable by the High Court or a county court; (b) a sum which, by virtue of an enactment, is recoverable as if it were payable under a judgment or order of the High Court or of a county court (including a sum which is so recoverable because a court so orders); Specifically the "as if it were payable" part of (b). I am assuming that we are all familiar with the "as if" nature of the regulations around the TEC and CPE enforcement. and (on the assumption that Schedule 12 does bite) 2) Schedule 12 51 51 (1) A purchaser of controlled goods acquires good title, with two exceptions. (2) The exceptions apply only if the goods are not the debtor's at the time of sale. So, paradoxically the EA's do not want Schedule 12 to apply to hire purchase vehicles taken for CPE debts. Of course there are many amendments to this portmanteau Act that I have not (yet) read. There is also much case law on this subject, how much of that that still applies is open to question of course. Anyway, the ball is rolling

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