The Taking Control of Goods Regulations 2013. A general discussion thread.......

[tomtubby]

When responding to the Consultation Paper on Bailiff Reform 2 years ago I suggested that local authority should NOT be allowed to pursue a debt through to a Liability Order unless there was a limit on arrears for council tax of for instance £50. This would mirror the County Court regulations. My point being that the fees scale outlined in the Consultation Paper would otherwise seem disproportionate to the level of the debt.

 

The Ministry of Justice were most supportive of my suggestion but quite correctly, stated to me that such a decision was not in their remit and instead, would need the agreement of the Department for Communities & Local Government (DCLG). I am actually in the process of making representations to them.

 

However, it needs to be remembered that most parking charge notices start out at just £60.

 

Coughdrop is absolutely correct.....debtors need to be educated to engage with enforcement companies at the Compliance Stage. This is not only to keep the enforcement agent fees down but is to also ensure that a payment proposal can be entered into.

[tomtubby]

 

There is still the issue of bailiffs visiting debtors without original signed/stamped paperwork from the courts. It would save them a lot of hassle, if they had the proper paperwork and not what has been commented, as just photocopies of documents which don't appear to have been seen by the courts.

 

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I am interested in your above comment. Can you elaborate.

[unclebulgaria67]

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I am interested in your above comment. Can you elaborate.

 

I have read on numerous occasions and seen videos of bailiff visits where the bailiffs did not have original court documents with them. Even the Police when they have been present, have looked at documents and have not been convinced they are court documents.

 

No personal first hand experience of this, but if there are examples of cases where bailiffs are not using original stamped/signed court documents, this does seem to be a mistake in my opinion. If bailiffs are organised, they should be able to get original documents from the court before they carry out an enforcement visit.

[ploddertom]

I think Uncle Bulgaria may be referring to Marstons who seemingly print their own version of the docs.

[outlawla]

Both Sheffield City Council's contracts with Equita and Rossendales specify that they must allow a minimum of 30 days between the compliance stage and enforcement.

 

"

A period of 30 days (for NNDR a period of 10 days only) from the date the case is loaded onto The EA Company’s case management system is to be allowed to meet the following minimum requirements of the compliance stage of the enforcement process

[outlawla]

Birmingham City Council makes an admission in FoI response with regards the Taking Control of Goods (Fees) 2014 (Council Tax cases):

"

Once a debt is returned to the authority, any outstanding fees owed to the enforcement agent cease to be recoverable by either party

[Clunks]

Birmingham City Council makes an admission in FoI response with regards the Taking Control of Goods (Fees) 2014 (Council Tax cases):

"

Once a debt is returned to the authority, any outstanding fees owed to the enforcement agent cease to be recoverable by either party

 

You don't need an FOI to tell you that, it's in the regs....

[outlawla]

You don't need an FOI to tell you that, it's in the regs....

 

Smart arse

[bazm]

I have read on numerous occasions and seen videos of bailiff visits where the bailiffs did not have original court documents with them. Even the Police when they have been present, have looked at documents and have not been convinced they are court documents.

 

No personal first hand experience of this, but if there are examples of cases where bailiffs are not using original stamped/signed court documents, this does seem to be a mistake in my opinion. If bailiffs are organised, they should be able to get original documents from the court before they carry out an enforcement visit.

 

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.