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kash007

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  1. It is important to note the distinction between DCA’s (debt collection agencies) and bailiffs. It is also important to note the differences that apply between certain fines even though they collectively come under the umbrella of Magistrate Court fines. Each bailiff must be certificated in order to collect rent arrears, council tax arrears and certain other debts for example parking fines and speeding fines. The certificate is issued by a County Court Judge and is usually renewed every 2 years. In order to obtain a certificate, the bailiff must lodge with the court a bond or other security to the value of £10,000. To check to see if a bailiff is certificated simply telephone the Ministry of Justice on 020 3334 3555 and give them the name of the bailiff and the company he is working for, or check online here Certificated Bailiff. They will be able to tell you which court issued the original certificate and you can then call that court and check the details further. However, please note that there may be administrative delays and if a search reveals that a bailiff is not listed as certificated then you should inform the bailiff that a search of the HMCS on-line Certificated Bailiff's Register does not include him. You should then request a copy of his certificate, or have him confirm which Court granted his certificate and when. A company trading in debt recovery must have had at the time of collection a Category E Consumer Credit Licence pursuant to Section 21(1) of the Consumer Credit Act 1974. Since July 2008 this has changed to Category F. Bailiffs do not have the power to arrest anyone, only the police have that power. The behaviour expected from a bailiff when carrying out his duty is very carefully laid out in the “National Standard for Enforcement Agents” which, among other things states that:- - “Enforcement agents should always produce relevant identification on request, such as a badge or ID card, together with a written authorisation to act on behalf of the creditor” - “Enforcement agents must carry out their duties in a professional, calm and dignified manner. They must dress appropriately and act with discretion and fairness” - “Enforcement agents will on each occasion when a visit is made to a debtor’s property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided”
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