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  1. On 6th April the new Taking Control of Goods Regulations 2013 took effect and full details can be read in the various 'STICKY's at the top of this page. One very important "Sticky' relates to the 'transitional' position...which is where an enforcement company had commenced work to enforce the debt before 6th April (under the previous applicable fee scale) but where the debt remained unpaid when the new regulations took effect on 6th April.....and a new fee scale introduced. Although the new regulations have only been in force for 10 days it would appear that some enforcement companies (names being withheld for the present time) are making significant 'mistakes' in their calculation of fees when re-commencing enforcement. I will provide details shortly. In the meantime below is a copy of the 'STICKY' that I had written to outline the 'transitional' stage.
  2. On 6th April 2014 the enforcement of debts by certificated bailiffs will dramatically change. On that date the government will be implementing Part 3 of the Tribunals, Court and Enforcement Act 2007. This provides for the replacement of previous powers of bailiff enforcement by a new procedure referred to as: Schedule 12 Procedure known as 'Taking Control of Goods' . Also on 6th April Distress for Rent will be replaced by a power to be known in future as Commercial Rent Arrears Recovery.....or to use it's shortened name; CRAR (as in craft without the f&t). Many previous Statutory Regulations (or parts of them) are to be revoked on 6th April and below you will see a list of those regulations that apply to bailiff enforcement. There are many other amendments that are to be introduced and when time permits (hopefully next week) I will update this thread ( for this reason I will use different posts for each relevant Statutory regulation).
  3. The Taking Control of Goods Regulations 2013. Statutory Notices Notice of Enforcement: This notice must provide the amount of the debt and the relevance Compliance Stage fee. The Notice of Enforcement must state the precise date that the debtor must pay or agree a payment arrangement with the enforcement agent. If the debtor does not pay or agree a payment arrangement by the date specified an enforcement agent will make a personal visit and may seize your belongings. This is called 'taking control'. The notice must also outline the additional fees and expenses that may be applied if payment is not made by the date specified Details on how to pay (with the opening hours and days) together with the contact details must be provided. Controlled Goods Agreement By entering into a Controlled Goods Agreement you will be able to continue to use the goods listed but you need to be aware that you are acknowledging that the goods listed are under the 'control' of the Enforcment Agent until the sum outstanding is paid in full. The Controlled Goods Agreement also must state that if you fail to stick to the terms of the agreement the goods may be removed and sold. This will incur a further fee. The notice will state the debt outstanding, the Compliance Stage fee, Enforcment Stage fee and any expenses. The Agreement must be signed by the debtor, a person authorised by the debtor or a person 'in apparent authority'. The Agreement must provide a detailed description of the item (eg: Computer, television, car etc together with the make and model (if known) and the relevant serial number, colour and any identifying marks. Warning of Immobilisation This notice will be provided if the Enforcement agent has fitted a clamp to the vehicle. This notice only needs to be signed by the Enforcement Agent. Notice of Intention to re-enter premises. This notice will be sent where a debtor has failed to keep to the payment terms under the Controlled Goods agreement and the notice is to advice that the enforcement agent intends to re-enter your premises to either 'inspect the goods' or to remove them for sale'. This Notice must provide details of the Controlled Goods Agreement and details of how the agreement has failed. This notice will provide the amount of the debt, the Compliance Stage fee and Enforcment Stage fee and details of the precise date and time when payment must be made. Details of the additional fees that could apply must be provided. Notice after Entry or Taking Control of Goods (on a highway) and Inventory of Goods Taken into Control This notice will advise the debtor of the action taken by the Enforcment agent (to enter premise or to take control of a vehicle on a highway. Details on how to make payment and the date and time by which the payment must be made. The goods will be released on payment in full (or may be released if you have signed a payment arrangement with the enforcement agent). This notice only requires to be signed by the Enforcment Agent. Notice that goods have been removed for storage or sale. This must be provided to the debtor when goods are actually removed. This notice must outline the daily or weekly storage fee. The notice will also outline the debt, Compliance Stage fee, Enforcment Stage Fee and Sale stage fee and any 'expenses'. Payment in full will avoid the sale of the goods and the goods may be collected. The notice only requires the signature of the Enforcement agent. Inventory This notice is to advise the debtor and co-owner that goods have been taken into control taken into control listed belong to the debtor and a co-owner and once again, only needs to be signed by the Enforcement Agent Notice of Sale This must be provided PRIOR to the sale the goods have been sold and must provide the name of the co-owner (if applicable) This itemise the debt, Compliance Stage fee, Enforcment Stage Fee, sale Stage fee and any expenses. details must also be provided of the date, time and place of sale and will advise WHEN the sale will take place and the time. If payment in full is made goods can be collected. The notice must itemises the goods (model, serial number etc) and must also provide a 'valuation'. The sale is conditional on the reserve price being met. If this condition is not met a new time and place of sale must be given in a further notice. Notice of Abandonment of Goods This notice will tell you that goods listed have been formally abandoned and that you are free to collect the goods. The reason for abandonment will be because the debtor or co-owner were not given notice of sale within the period required by law. Goods must be collected within 28 days of the date provide on the Notice.
  4. The new regulations for bailiffs will take effect on 6th April and this will have a dramatic effect on enforcement of government debts. The regulations have taken nearly 20 years to be put in place and I am certainly not alone is saying that the regulations should NOT take effect on 6th April and instead should have a start date of October. The reasons are as follows: The Ministry of Justice only released the new fee scale a few weeks ago. Two weeks ago they issued substantial changes (over 60 pages) to the Civil Procedure Rules. Even with the new regulations being just 3 weeks away the Ministry of Justice have yet to release details of the new training requirements for bailiffs and the certification procedure and ways in which debtors (or others) may make a complaint to the court. The National Standards for Enforcement Agents are due to be updated...and again with just 3 weeks until the new regs take effect.....we are still waiting for details. Most importantly, there are over 300 local authorities in England & Wales and every one of them will need to amend their Contracts with the enforcement companies. In most cases, each authority use at least 2 or 3 enforcement companies to collect their debts. It is estimated that around 1,000 local authority contracts will require substantial amendments. A major stumbling block is that contracts may only be amended if the local authorities /or their legal advisors understand the new regulations. And they don't. At present John Kruse is carrying out training sessions but most local authorities (looking to spend as little money as possible) are preferring to instead use the FREE training sessions being run by THE BAILIFF COMPANIES !!! CIVEA are also offering "free' training to local authorities. Interestingly, I spoke on Friday to probably the largest London authority and they had received a 'training session' from a bailiff company just three days earlier. That particular local authority did not know anything about Part 6 (Interpleaders). Strangely, the bailiff company failed to include this vitally important section in their 'training session'. I wonder what else they are failing to tell the local authorities !!!! I am very worried indeed about what will happen when the new regulations take effect on 6th April. I hope to be proved wrong....but I can see complaints going through the roof.
  5. Tomtubby, your post Crucially, common law also gets repealed from 6th April. How can you repeal common law? All statutory legislation has to be compatible with common law Interested and curious by that statement, what is exactly being repealed. I am not a FMOTL either promoting that dangerous propaganda
  6. http://www.legislation.gov.uk/uksi/2014/421/made On Friday 28th February the government released The Certification of Enforcement Agents Regulations 2014. This is the third and final set of Regulations which will underpin the Government's reforms to bailiff law. The first set, The Taking Control of Goods Regulations 2013, were laid in Parliament on 30th July last year and set out the procedure enforcement agents must follow when taking control of goods. The second set, the Taking Control of Goods (Fees) Regulations 2014 were laid in Parliament on the 9th January and set out the fees and disbursements an enforcement agent may recover from the debtor when carrying out enforcement related work. All three sets of regulations will come into force on 6th April. http://www.legislation.gov.uk/uksi/2014/421/made
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