Lord Justice Briggs...Civil Courts Structure Review. Response from Money Advice Trust.

[Bailiff Advice]

At present, High Court Enforcement agents are only able to enforce judgments if they relate to non consumer credit debts and have a value of over £600.

 

Judgements relating to consumer credit debts (typically, a debt relating to a bank loan, credit card debt, catalogue debt or any other finance agreement) may only be enforced by a County Court Bailiff. The High Court Enforcement industry has campaigned for many years for the law to be changed to allow them to enforce judgments in relation to 'consumer credit debts'.

 

Earlier this year, the High Court Enforcement industry had their hopes raised that the law will be changed with the release of the Ministry of Justice's Civil Courts Structure Review that was chaired by Lord Justice Briggs. In the review, Justice Briggs stated that County Court enforcement is presently:

 

“heavily localised, paper based, prone to error in form filling, and widely perceived to be slow, ineffective and expensive”

 

A public Consultation was issued (now closed) and in the next few weeks a final report is due to be published.

 

Today the Money Advice Trust issued the following release:

 

http://www.moneyadvicetrustblog.org/2016/07/22/no-enforced-changes-some-thoughts-on-the-lord-justice-briggs-review/

 

A copy of their response to the Consultation is below:

 

http://www.moneyadvicetrust.org/SiteCollectionDocuments/Policy%20consultation%20responses/Unilateral%20responses/Money%20Advice%20Trust%20response%20to%20the%20Civil%20Courts%20Structure%20Review%20Interim%20Report%20consultation%20paper.pdf

[mikeymack2002]

Is this the final report from the thread I started way back in January? >> http://www.consumeractiongroup.co.uk/forum/showthread.php?459211-Are-EA-S-trying-to-get-into-the-HCEO-market

 

If so you could have added it there for history purposes?

[Bailiff Advice]

I genuinely had forgotten that you had started a thread on the subject.

 

I am quite content for this thread to remain as it is given that the other thread had gone 'off topic'.

[mikeymack2002]

It's fine we all have our own filing system I too had failed to look for an update... but then again I wasn't looking for it just yet as I thought it would take longer...

[HCEOs]

It is widely known the the County Court Bailiff system is archaic and inefficient, so much so that many volume judgment claimants do not waste their time with it. It is also likely that their ineffectiveness for the creditor is why they generate fewer complaints.

 

It is only right that creditors have a choice of enforcement power.

 

However, it is fully accepted that should this work become available the a number of things will need to be looked at and addressed. The main one is that the current level of fees for HCE cases would need to be reduced.

 

I would also like to see a simpler process for debtors to stay proceedings for the right reasons.

 

Whilst LJ Briggs report is being delivered this month, I do fear that any changes, whatever they may be, will be a long time coming.

[Bailiff Advice]

However, it is fully accepted that should this work become available the a number of things will need to be looked at and addressed. The main one is that the current level of fees for HCE cases would need to be reduced.

 

I would also like to see a simpler process for debtors to stay proceedings for the right reasons.

 

I couldn't agree with you more.

 

I don't have the County Court fee scale to hand, but contrary to popular belief, it is quite steep. Fortunately, it was not one of the fees that was subject to change in the surprise new regs last week.

 

I would assume that County Court bailiffs will fiercely oppose any changes to their work.

[ploddertom]

 

I would assume that County Court bailiffs will fiercely oppose any changes to their work.

 

 

They should be more worried about losing their jobs rather than any work as could see an opportunity for refining the system and thus making cost savings.

[Bailiff Advice]

 

Whilst LJ Briggs report is being delivered this month, I do fear that any changes, whatever they may be, will be a long time coming.

 

The long awaited report from Lord Justice Briggs has been released today. The following link is to the website of the Law Society Gazette. They have provided a link to the long report (300 pages) and a short analysis.

 

http://www.lawgazette.co.uk/law/briggs-online-court-needs-minimal-assistance-from-lawyers/5056850.article

[HCEOs]

It's certainly an interesting read. Here is the link to the full review final report - Briggs LJ - Final Report on Civil Justice Reform

 

Section 10 relates to Enforcement and whilst he covers it well and appears to have a good understanding of the issues raised by all sides it ultimately ends with him requesting a 'bespoke review' into it when time and funds allow.

 

As per my previous post, my guess is that there will be little change for a long time to come!