I Need a Link to Authoritative Source of Information on Fees for HCEO's or Bailiffs Please

[Deadwood]

Preferably from the MOJ site which refuses to find what I want. The information I'm looking for is the stuff saying so much for a WPA so much in the pound etc Thanks

[hallowitch]

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

[Deadwood]

Thanks but that's for Council Tax. I'm looking for the fees for a writ of execution in the High Court

[wonkeydonkey]

Preferably from the MOJ site which refuses to find what I want. The information I'm looking for is the stuff saying so much for a WPA so much in the pound etc Thanks

 

HCEO differs from bailiffs...there are standard charges followed by "possible charges" then moving down the sheet you will find the infamous Part C Miscellaneous Fee which are the contentious aspects of most High Court Writs as these are the fees that have not been allowed by a Master or Judge prior to the act of enforcement.

 

If you give an indication of what gives you cause for dispute, help is at hand as there are many caggers very profficient at identifying questionable charges in both bailiff and Hceo activities here on Cag.

 

WD

[Deadwood]

It's the standard fees for an HCEO then

[wonkeydonkey]

My solicitor advised those found in the first and second boxes on the writ are ok but from there downward there is nothing laid down in statute and while some have been adopted as the "norm" by Courts they can all be challenged.

[sequenci]

Here you go:

 

http://www.legislation.gov.uk/uksi/2004/400/schedule/3/made

[hallowitch]

have you read this

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?274907-High-Court-Enforcement-Officers-fees....by-JOHN-KRUSE.-(Posted-by-Tomtubby)

[sequenci]

That's a brilliant article. Great link!

[fork-it]

You will find that nearly all HCEO fees are all under Regulation 12 Miscellaenous. Thats is how they get £12, up to £1200.

 

The law setting the fees chargeable by a High Court Enforcement Officer (HCEO) for collecting unpaid debts is Schedule 3 of Regulation 13 of The High Court Enforcement Officers Regulations 2004 and provides 2.5% of the amount collected plus a fixed £2.50 on top.

 

Its common practice for HCEOs to charge additional fees according to a list and pretend the debtor is liable to pay them. This is not true and you simply dont have the pay them at all.

 

There is the old HCEO's chestnut of adding fees described as "misc" or "miscellaneous". He is trying to use Section 12 of Schedule 3 of the regulations which actually reads:

 

"For any matter not otherwise provided for, such sum as a Master, district judge or costs judge may allow upon application."

 

 

This is essentially a blank cheque clause because it enables bailiffs to load his fees ad-infinitum then pretend an application has already been made to a Master or a district judge who has allowed the costs. HCEOs tend to do this retrospectively by charging as much as they think they can get away with then leave it up to you to challenge it afterwards, which is almost impossible to reclaim once you have paid it.

 

In short, dispute it, do not pay it and its a civil dispute between you and the HCEO. Additionally, you do not have to let them into your property sop keep the chain on the door at all times and you are not obligated to speak with him.

[fork-it]

have you read this

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?274907-High-Court-Enforcement-Officers-fees....by-JOHN-KRUSE.-(Posted-by-Tomtubby)

 

A few things not quite right. A couple of technical errors in the article.

 

for example, >>Mileage £46.69 (for 160 miles)

 

The maximum mileage the regulations allow is 50. >> http://www.legislation.gov.uk/uksi/2004/400/schedule/3/made

 

Not sure who John Kruse is , or what his academic credentials are.

[wonkeydonkey]

John Kruse

 

John has worked in the field of social welfare for the last 20 years. He currently works for two CABx in East London. John is widely recognised as an expert in bailiff law and has been a regular contributor to Adviser and Legal Action. He has also written several books on bailiff law.

[sequenci]

The maximum mileage the regulations allow is 50.

 

I thought it was £50 rather than 50 miles?

[wonkeydonkey]

2. Mileage

Mileage from the enforcement officer’s business address to the place of execution and return, in respect of one journey to seize goods and, if appropriate, one journey to remove the goods 29.2 pence per mile, up to a maximum of £50.00 in total

[fork-it]

I thought it was £50 rather than 50 miles?

 

Sorry, your right. My mistake, its £50 and not 50 miles.

[Deadwood]

Here you go:

 

http://www.legislation.gov.uk/uksi/2004/400/schedule/3/made

 

 

Thanks that seems to be the business, Any embelishments since 2004?