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About Whitely

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  1. Did I miss your reply? In post #52, were you asking about non high court enforcement such as fines, council tax, etc?
  2. That's mild compared to some comments made by Judges. As you've said though, the EA has high motiviation to proceed to this stage too quickly. The single visit will suddenly cost nearly £700 plus any uplift - and here we are thinking the new regs were meant to stamp out this kind of fleecing. I don't have all the details of the ruling I mentioned, and I understand the EA co may be appealing the decision, so they're certainly worried about it.
  3. Dodgeball - if you truly believe this can you explain why the VAT on fees for non high court enforcement isn't paid by the debtor? In these cases the VAT invoice will be directed to the creditor who will reclaim it from HMRC. Can you not understand why the guidance is needed - HCEOs enforce for companies as well as individuals. Sometimes the VAT will be paid by the creditor, sometimes it won't. The guide explains the two scenarios.
  4. Well that is certainly the way bailiff companies have interpreted it up til now, and we all know their solicitors will make a legally bland interpretation. Perhaps this ruling will clarify matters.
  5. Dodgeball, the HMRC manual on HCEO enforcement states who the VAT on fees should be directed to. If the creditor is VAT registered and the debt is regarding their business, then a VAT invoice is given to the creditor. If the creditor is chasing a personal debt then the VAT is charged to the debtor. Why can't you accept that and be happy that debtor's can avoid a higher debt? It seems to me that you've gone into typical denial mode, raised the drawbridge and refusing to accept the position simply because who has said it.
  6. I'm sorry Dodgeball, it most certainly does concern fees as this part shows: The VAT for the fees must be sent to the creditor, who then reclaims from HMRC.
  7. I didn't think any companies were members of the HCEOA. It's an association for individual HCEOs. I'll see what I can do about the DA decision.
  8. It's my understanding that a recent High Court detailed assessment ruled that charging for both stages in a single visit was 'fleecing the public' and ruled in favour of the debtor.
  9. The CCA says they must reply within 12 days. There is no provision to extend that.
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