Debt-ridden courier's suicide after bailiff visit prompts call for reforms

[unclebulgaria67]

I think the new fees make it too tempting for enforcement companies not to continue enforcement activity in most situations and to do so in a way that collects the money as quickly as possible. I don't think many Enforcement Agents really care about the welfare of the people they are visiting. They simply want the money for their company and clients.

 

Reduce the fees and introduce new safeguards to ensure that these type of situations are not allowed to happen. If someone was really unable to pay the amount due and not able to come to an arrangement with an EA, then there should be an additional court process or application, where the creditor owed the money has a legal duty to offer longer term payment options.

[unclebulgaria67]

Ask yourself the question as to what drives these actions ? MONEY

 

And because of the vested interests, no much will be done about it. One of the main selling points of CAG is that it is an independent source of information and help. When there are discussions on these issues, unfortunately some of these vested interests do seem to be supported, rather than take a look at what can be done to achieve a much better system.

 

Government has made a choice in reducing funding provided to local authorities, as a major contribution to their austerity measures. Since then, there has been a massives increase in PCN's etc and the Enforcement industry is making hay while the sun shines.

[unclebulgaria67]

If this same situation had arisen in the US, i would think the deceased family would be suing the Enforcement Company. Ask yourself the question as to whether this person would still be alive had there not been a visit by an Enforcement Agent ? Also whether they would still be alive had the motorcycle not been clamped because an accurate value had been found out ? Also whether they would still be alive had the Enforcement Agent not tried to charge 2 enforcement stage fees for the same visit ?

 

If all of these questions were looked at within the US system, i suspect the Enforcement Company would be looking at a multi million Dollar settlement to the family. The UK is very different, but i would not be surprised if Lawyers were not looking into such cases with a view to taking this to court.

 

Did the Enforcement Company check with a motorcycle dealers or vehicle auction, what the current value was ? I think the actions of the EA need to be questioned properly and i hope the deceaseds family receive the legal help required.

[unclebulgaria67]

I think there needs to be inquiries into these situations, so that people don't end up In this position again. At the end of the day a 20 year old man has taken his own life because of two parking tickets. And most of what was being collected were the fees that Enforcement Company thought were due to them.

 

To me, it is using a sledgehammer to crack a nut. Two parking tickets should not end up with a motorcycle used for work purposes being clamped in order to obtain the money. According to one newspaper report Jerome had contacted the Enforcement Companies office to make a payment arrangement and they were told it was not possible, they had to speak to the EA that was dealing with it. The mother paying over £500 and attempts to pay further amounts should have been enough to satisfy the Enforcement Company.

[unclebulgaria67]

I find the whole system abusive to many people who just find it a struggle to make their way in life and there is little accountability for the actions of Enforcement Companies. Yes there are people who just don't care where they park and they are not bothered about paying tickets, but you can't judge all people in the same way.

 

It is clear from what i have read that Jerome was struggling to pay the amounts being asked for and there should be additional steps in the enforcement process, where those than cannot afford to pay, have a chance to come to a longer term payment arrangement. It should not be left to EC's to decide what repayment schedule is acceptable. Local authorities refuse to deal with people having problems in paying and refer them back to the EC.

[unclebulgaria67]

Already an existing discussion thread about this.

 

The new enforcement law does not work properly and enforcement agents have too much power vested in them. There needs to be another part of the process for those that cannot pay amounts owed.

[unclebulgaria67]

There appears to be a a substantial discrepancy in the valuation of the motor cycle. Part of this could be explained by the fact that the owner was a courier.

It would not be difficult to pay £3000 for a brand new bike then clocking up over 30,000 miles over a year wouldn't take long to considerably reduce its value.

 

Interesting that no mention has apparently been made as to whether the bike was on finance...............

 

It came out in the inquiry that the bike had done 17,000 miles in the year it was owned. It was given an official value of about £400 because of the amount of miles and courier work in a short space. Also probably not serviced, if the OP had limited funds. So it could quite easily have reduced from a retail value of £3,000 to less than £1,000 over the year it was owned.

 

The inconvenient fact being denied by some on this thread, is that the actions of this Enforcement Agent directly contributed to a 20 year old man not being alive today. When any Enforcement Company is trying to collect a significant amount of money from people struggling to pay debts and they are adding pressure to an already diificult position, then in a small number if cases, it could lead to life threatening situations. Nobody can deny this is the case.

 

If you accept collecting debts represents a risk to vulnerable people, then you have to ask what can be done about it. It should not be left to debt collectors to decide whether people are vulnerable or not. I would also remove any right to take control over of goods used as primary source of income. If there are situations like this, where a debtor in a stressed position like this cannot pay, then there should be an opportunity to seek a longer repayment term set by a court or other body. The current system promotes a rush to obtain money and to limit admin costs, creating a level of risk that might not be acceptable.

[unclebulgaria67]

Bailiffs have been known to take minicabs, and now if the value is above the £1,350 tools of trade, then in all likelihood like the EA in this case they will have the cab away, and if on finance argue the Beneficial Interest malarkey to justify it.

 

I think you will find that beneficial interest is no longer being pursued, as cases have been lost in court. Basically, EC's are not allowed to touch property owned by a finance company, as until the last payment is made, the vehicle is owned by the finance company and they cannot be forced into a sale. Therefore there is no interest to be released.

 

It was just one EC that tried this, when other EC's always stated they would not pursue BI on finance vehicles, because legally it was a bit iffy.

[unclebulgaria67]

Victorian debtors prison is still an option e.g Council Tax debt, unpaid court fines.

 

I would suggest that the Enforcement industry as it works now will become outdated within 20 years. PCN's for computer driven cars will be difficult, as i expect these cars will be programmed to find legal parking spaces, with automated payment of parking tickets. Even with existing cars, there is no reason why an autopayment system linked to registered keeper could not be introduced. Photos and ticket showing parking offence sent to address of registered keeper and if not defended, PCN amount deducted by debit/credit card. Would require legislation, but a system could be introduced. Yes some payments might be rejected due to insufficient funds/credit limit, but perhaps the debt can then be added to vehicle licence or other way of obtaining money owed.

 

A bit off topic, but then mariner did ask what the alternative was.