Showing results for tags 'help forum'.
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Under the new rules that take effect today (6th April) it is made very clear indeed in the Regulations that if a debtor wishes to challenge the legality of the enforcement or to challenge the prescribed fees this may be made by way of an application to court under the appropriate Civil Procedure Rule (as outlined in the new regulations). If goods have been taken that the debtor consider should be 'exempt' or which are owned by a third party then once again, specific provision is made in the new regulations for the procedure that must be undertaken. Such remedy includes any breach of a provision of Schedule 12. The above is vitally important given that in the past few days a number of internet sites are providing debtors with the following incorrect information which is very likely to lead to goods being removed and the debtor facing additional costs. . "If your vehicle or goods cannot be returned to you then you can recover the replacement cost of them, or the cost of new goods if equivalent like-for-like goods are not available". "If your vehicle or goods have been seized and the enforcement action is not compliant with any of the above, then you can recover the goods and claim damages from the creditor for unlawful enforcement action and for the unlawful deprivation of the use of your vehicle or goods" "The law says you must be given at least 7 days clear after receiving a "notice of Enforcement" before receiving a visit from an enforcement agent. If this regulation has not been complied with then everything that took place at this visit and everything that followed is revoked" .
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