MOJ Comments on Bailiff Van Fees

[comebackjimmy]

Hullo All

 

In January 2010 there was a lot of postings regarding van fees that could be charged by bailiffs.

 

On 18th January I wrote the following to the MOJ ([email protected]) as follows;

 

Dear Team

 

My business has had a county court judgement amount collected by John Marstons.

 

They charged a van fee even though no van ever appeared, and no goods were ever removed.

 

Would you please advise if this fee can be legitimately charged and if so, what acts of parliament, points of law or guidance from your office allows this fee and under what circumstances.

 

In addition, I am a member of a consumer group where others have been charged similar fees. I wish to promulgate your answer so I would be most grateful if you would allow me to do so.

 

The following has just been received today;

 

 

 

 

Enforcement Team

102 Petty France

London

SW1H 9AJ

 

 

T: 020 3334 6356

F:0870 739 4268

E: [email protected]

 

www.justice.gov.uk

 

By e-mail

 

 

Mr comebackjimmy

23 February 2010

 

Dear comebackjimmy

 

Thank you for your e-mail of 18 January 2010 to the Ministry of Justice regarding fees made by the Marston Group Ltd. I hope you will appreciate that I am unable to comment or offer legal advice on your individual case, although it may be helpful if I provide these observations.

 

High Court Enforcement Officers (HCEOs) are responsible for enforcing court orders by recovering money owed under a High Court judgment or a county court judgment for £600 or over which is transferred to the High Court, as in this case. They can seize and sell goods to cover the amount of the debt. They can also enforce and supervise the re-possession of property/land and the return of goods.

 

HCEOs are entitled to charge reasonable fees, which are outlined in Schedule 3 of the High Court Enforcement Officers Regulations 2004. In the event a judgment creditor or debtor feels the fees charged by the HCEO are too high, there are provisions in place that enable an individual to apply to the High Court for a detailed assessment of fees. The court will then decide if the fees charged are reasonable or not.

 

More generally, the current fee system for all enforcement agents is complex: each enforcement power brings with it a different fee structure. Some structures, such as those relating to writs executed by HCEOs, are laid down in statute; others exist only within contractual arrangements drawn up between an enforcement company and its clients. The fee structures themselves also lack clarity making the fee charging process prone to abuse.

Following an in-depth review of enforcement law, the Government has put into place measures that will effect real change. Part 3 of the Tribunals, Courts and Enforcement Act (“the Act”) 2007 makes a number of important reforms that will replace the archaic and complex legislation that currently governs bailiff activities with a comprehensive code, governing amongst other things:

 

• when and how a bailiff can enter somebody's premises;
  
• what goods they can and cannot seize and sell;
  
• what fees they can charge; and
  
• how the notice of enforcement should be served on the debtor and how long the notice period should be
  

These changes will help debtors, creditors, bailiffs and the police understand what their rights and responsibilities are when debts have to be enforced. They will enable a unified fee regime to be introduced which will ensure that bailiffs are adequately and fairly remunerated for the work they actually do. It is our intention to publicly consult in 2010 with a view to implementing the changes in April 2012.

 

Furthermore, these reforms will be underpinned by independent regulation of the enforcement industry. Regulation will not only improve the efficiency and effectiveness of both civil and criminal enforcement but will also offer protection to vulnerable debtors who genuinely cannot pay, and reduce the scope for abuse of the system. A formalised structure to regulate the industry would raise standards of professionalism within the industry and give the public greater confidence in it.

 

I attach a link to the HMCS leaflet About Bailiffs and Enforcement Officers(EX345)which provides an overview of established procedures for making a complaint about officers undertaking enforcement action that you may find helpful.

 

I have also included your details on a list of interested parties to be notified when the consultation exercise begins. If, however, you do not wish to receive this information, please write to me again.

 

Finally, you are welcome to promulgate my reply, as you requested.

 

Yours sincerely

 

 

 

Richard Beston

 

 

For your interest. Your comments invited.

[ploddertom]

Doesn't really say much that we don't already know unfortunately.

 

PT

[palomino]

What a cop-out! But entirely what you might expect.

 

Exactly what you might expect from a bunch of civil servants who do all this work but never actually achieve anything.