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Hi all,

 

Just a quick question...

 

Does the OFT guidelines for Debt Collection (Final guidance on unfair business practices) issued July 03 (updated Dec 06), do they apply to Bailiffs and the companies they work for aswell???

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Guest Happy Contrails

No they dont. The Ministry of Justice issues guidelines for bailiffs: Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

There is different legislation for each type of debt collectable by bailiffs.

 

Council Tax: Regulation 14(2) and Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992

Business Rates: Regulation 3© of the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993

Parking Tickets: Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993

Rent arrears: Appendix 1 Distress for Rent Rules 1988

High Court Writs: Schedule 3 of Regulation 13 of The High Court Enforcement Officers Regulations 2004

County Court Judgements: County Court Fees Order(Amended 1994) 1982

Magistrates court fines: Section 92 of the Courts Act 2003 and Section 27 of Domestic Violence, Crime and Victims Act 2004 and Magistrates Courts (Civilian Enforcement Officers) Rules 1990 and Section 92 of the Access to Justice Act 1999

Sheriff Officers: (Scotland) Paragraph 2(4) of the Act of Sederunt (Fees of Sheriff Officers) 2007

 

and the Ministry of Justice piblishes periodical consulation reports

 

Ministry of Justice report on Bailiffs Undue distress

Ministry of Justice consultation paper http://www.justice.gov.uk/consultations/docs/cpr0207-response.pdf

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