7 Clear days Notice

[lookinforinfo]

It has been the case in Law that a letter posted via Royal Mail is deemed delivered two days later if sent 1st class.

However these days several million letters go undelivered and there are more companies than just Royal Mail that

deliver these letters.

 

Under the Control of Goods Regulations 2014, alleged debtors must be allowed 7 clear days notice before EAs are

permitted to visit the debtor and thus to avoid being charged an extra £235 for that doubtful privilege.

 

Bailiff Companies being Bailiff Companies, it is not surprising that some of them, in order to be able to claim that

extortionate £235, appear not to be waiting for the seven days to elapse. One of the ways they are doing this is when

they write the Notice of Enforcement, they do not appear to post it until several days later, or their postmen are even

slower than Royal Mail at delivering anywhere near on time.

 

In view of the huge possible revenue that could accrue to Bailiff Companies as there is no proof of delivery required, is it

not time that this mail should be signed for in order to eliminate this loophole that allows EAs to flaunt the Regulations.

 

I don't know if the authorities are aware that this is happening, but unless it is firmly nipped in the bud soon the practice will steadily grow.

 

Obviously, the cry from the bailiff will be that those who are expecting a letter from an EA will deny that the person lives there and it will take them longer to get the money. Well yes that might be the case but whose fault is it that the system is

being abused. Of course there will be occasions when the debtor will no longer be at that address which should speed up

the bailiff companies information of the debtors' whereabouts and prevent them wasting their time calling round quite a

few times before they learn the true situation.

 

Is this a way forward or is there another way to prevent EAs from flouting the 7 day statutory Regulation?

[brassnecked]

Signed for would be good, but may be difficult in practice, but that along with a 21 day period would mean that the letters should then allow at least 14 days, a more equitable time period to allow an arrangement (which the EA doesn't want as it robs them of £235 for their visit)

[Clunks]

How many companies are visiting after 7 clear days though? I would have thought a large number of clients would be requesting a longer period for Compliance anyway?

[lookinforinfo]

I am aiming to stop the bailiff companies that are not observing the 7 clear days notice and as I said in my first post if it also affects the ones who are diligent in observing the

time constraints-tough. They have had the good times for long enough and in my opinion £75 plus £235 are still damn good times for them. Of course the rotten apples among

them won't be making as much money as they used to which is better for all debtors.

[old bill]

There can be no doubt that the Interpretation Act is being abused. It is clearly evident that proof of posting and proof of delivery must be put on a statutory footing. Also, if civil enforcement companies are using postal carriers with longer delivery lead times than Royal Mail, then the 21 days suggested by Brassnecked should be put on a statutory footing also. Yes, it will, in all probability, pee off the civil enforcement industry, but the industry has only itself to blame if the law is changed.