Rise in bailiff use

[Bailiff Advice]

Yes I hope you two are not ganging up.

 

Not at all. Just my obsession with ensuring that wherever possible, incorrect info is corrected.

 

I will have a read of John's opinion in a few moments. I note that he refers to another of my favourite subjects....the use of the words shall, may and must.

[Peterbard]

Just a little joke BA.

 

Yes there is a lot of it about. Interesting point, although off topic slightly, JK is right about the use of the shall etc. must be he agrees with me.

 

Just reading through the info Munch provided interesting stuff and raises a lot of questions, to me anyway. I still dont think that the practice fits with the TCE and the way that it was envisaged to operate.

[Peterbard]

Although as Munch says this I suppose is the beauty of having all the finer details in SI form, it is quite easily amended.

 

Edit

Just ignore the unruly children, eventually he will get bored and nod off.

[Peterbard]

Anyway, this is encouraging.

5.3. The new fee structure is not something we can change although we can allocate experienced staffing resources to enforce the debts with a view to achieving collection / arrangements at the Compliance Stage. Inevitably there will be cases where Enforcement Stage and removal of goods is required but we would aim to avoid this for the debtor wherever possible.

5.4. The aim of carrying out this service will be to allow the Partnership and Councils more discretion on vulnerable cases and on those cases where we must collect and enforce. This gives the potential to engage with customers to agree future payment arrangements without the need for Court action and enforcement

 

May go some way to helping with of the problems which have emerged since April last ?

Edited January 6, 2016 by Andyorch
Removed quote

[mikeymack2002]

edited...

[mikeymack2002]

the word MAY is not obligatory is it?

[mikeymack2002]

DB I remember about a year ago a debtor could make a full and final offer to the EA but cannot remember where I posted it, is it possible to do this anyway for debts other than those from the CC?

[mikeymack2002]

DB: The Money advice trust run a story similar to the one from Poole way back in August did you read this one as well? More can be read here >> https://www.journalism.co.uk/press-releases/council-tax-advisors-cic-help-debtors-fight-back-against-reported-16-increase-in-bailiff-use/s66/a566280/

 

 

Another good report is called 'the wolf at the door'

[Peterbard]

DB I remember about a year ago a debtor could make a full and final offer to the EA but cannot remember where I posted it, is it possible to do this anyway for debts other than those from the CC?

 

There is nothing stopping a debtor making a full and final offer, it will depend on the creditor as to if they accept it, and their fees will still come off the top.

In council tax cases i think that it is unlikely that the authority will accept anything other than payment in full, unless there has been an error earlier in billing and in that case the order would have to be returned to them.

 

I am unsure how this would operate if the EA was in house though, it may be that queries like this would be more easily resolved, from the section quoted above it sounds like the authority intends to invest more resources to resolving issues like this in the compliance stage, if so , this in itself has to be a good thing( and also cases of vulnerability, which I know is of interest to you).

[Peterbard]

the word MAY is not obligatory is it?

 

No it gives the EA an option dependant on other criteria mention in legislation.

[mikeymack2002]

Looks like it is going to be a long winded review when It eventually comes out then...

[Peterbard]

So would those that call me from an area code of 01643-841 this attention is not wanted needed nor required now cease and desist please.... 3 calls in 45 minutes reeks of well pass on that. THANKS for taking notice!!!!

 

Do you think it is someone of these forums MM ?

I should have a word with BT since you have the number and see what they recommend.

[mikeymack2002]

No it gives the EA an option dependant on other criteria mention in legislation.

 

 

I am currently reading up on this here >> https://books.google.co.uk/books?id=mPnkM3uR8UQC&pg=PA51&lpg=PA51&dq=what+does+the+word+may+mean+in+an+act+of+parliament&source=bl&ots=FRJgs9tFHL&sig=YDqL2tE2rfHbNsthhoQpxgdIVsY&hl=en&sa=X&sqi=2&ved=0ahUKEwiKw4GFm5bKAhWCPRoKHemPBNQQ6AEIJjAB#v=onepage&q=what%20does%20the%20word%20may%20mean%20in%20an%20act%20of%20parliament&f=false

 

 

Going to be a huge read

[Peterbard]

Looks like it is going to be a long winded review when It eventually comes out then...

 

Wouldn't be surprised.

[mikeymack2002]

Do you think it is someone of these forums MM ?

I should have a word with BT since you have the number and see what they recommend.

 

 

I am going to leave that subject alone it was wrong to put it up so have edited that post now...

[mikeymack2002]

On the post from E Munch have you read the other report mentioned yet? Quite interesting reading...

[Peterbard]

No, thanks I missed it, as you say very interesting.

[Bailiff Advice]

Duplicate post.

[Peterbard]

MM what you doin man, I was concerned for you, no matter.

[mikeymack2002]

I had no idea as explained in my reply to your PM just now...

[mikeymack2002]

No, thanks I missed it, as you say very interesting.

 

 

Vulnerability is a passion for me as this is where my thoughts are. The very genuine debtors often get broadsided by the EA because they hear it everyday to avoid debt and enforcement. Then things go south rapidly for them. These people should get/need help that is both accurate and unbiased and professional. Yes there are groups out there that can help them but sometimes this is missed these are the ones I have a concern about.

 

 

Having written a 3,000+ word report and handed it in to my ALMO/LA this has been received well and acted upon. They both did not realise/understand that some debtors do not know how to ask for help until it is too late. They have now decided to do a full audit of vulnerable adults in my town, so far there has been a significant reduction on enforcement in these cases and help offered by way of support and personal visits by the relevant departments. There has also been an increase by way of letters to households asking if they need help in any way shape or form. This is what I do. But there is always a but, the significant cuts the LA now has will make this even harder in the long run...

 

 

I may come across as argumentative but this is how I learned to deal with authority, it has stuck. Will I change I can't answer that but will try if it helps the forum.... If people will also understand there are many sides to a story/thread that can be read differently by each reader, they too need to understand this and also act accordingly to. Whom is prepared to try? I will for one...

[brassnecked]

Have to agree MM, a responsible Housing Association/department/LA should have Welfare people in place to help catch a bad situation and act before any court action that could lead to bailiffs.

[mikeymack2002]

Most already do but the cost effectiveness of doing this is causing serious issues and backlogs in the system, then the LA go for a LO before knowing the full story. That's the bad side of all the cutbacks and this will grow in numbers over the next few years with the known cuts until at least 2021 which has already been posted to the net....

 

 

Such a shame!!!

[mikeymack2002]

How sad is it to call a vulnerable person a 'cost effective drain' on society?

[Bailiff Advice]

 

I may come across as argumentative but this is how I learned to deal with authority, it has stuck. Will I change I can't answer that but will try if it helps the forum.... If people will also understand there are many sides to a story/thread that can be read differently by each reader, they too need to understand this and also act accordingly to. Whom is prepared to try? I will for one...

 

An excellent post MM.

 

All that needs to really be remembered is that this part of the forum is dedicated to a DISCUSSION thread. This is a very new idea but over time, I actually like it.

 

So what if a subject has been discussed before....so what if the threads repeats something. So what if it talks about inaccurate information elsewhere. As long as names are not mentioned there is no harm.

 

If the subject matter is not one that somebody wishes to be involved with......ignore. Don't post. It really is that simple.

 

Just use this part of the forum for what it is intended for. As a DISCUSSION forum. No more.....no less.

 

Bickering should stop.