Bailiffs Fee's I have been ripped off what can I do?

[TB Law]

Can you point to the source of your information that makes you believe the legislation has not been "activated".

 

I am also not familiar with any enacted legislation lies "fallow" until it is activated.

 

There is nothing in the TCEA 2007 that confirms anything that is being said on this thread or it is to be "activated", "implemented" or it must lie "fallow".

 

Im finding this interpretation of the TCEA rather bizarre.

 

surfer01 with all due respect I asked for the source of information someone (who has already given wrong advice on another thread) made a statement the TCEA 2007 needs to be "implemented".

 

It is only fair for MBeaumont to see the source of that information.

 

I dont think it useful to make remarks assuming I have an "agenda" and "twisting things".

Edited November 12, 2012 by TB Law

[wonkeydonkey]

As per my post #45, can you point to the source of your facts you have quoted.

 

Im sure others reading this thread are in the same boat as me, but I am unfamiliar with an Act of Parliament being "implemented" even though it has been enacted.

 

 

Enacted = To make into law.[/QUO

 

An Act is made up of several sections ...not all sections have yet been implemented (enacted into the act)

[TB Law]

As per my post #45, can you point to the source of your facts you have quoted.

 

Im sure others reading this thread are in the same boat as me, but I am unfamiliar with an Act of Parliament being "implemented" even though it has been enacted.

 

 

Enacted = To make into law.[/QUO

 

An Act is made up of several sections ...not all sections have yet been implemented (enacted into the act)

 

what?

[brassnecked]

When an Act is passed sometimes it is implemented in phases, as was the intention in the Safeguarding Vulnerable Groups Act where provisions were rolled out to a timetable, here the same sort of things apply, Section 12 and its implementation are dependant on the MOJ interpretation of the consultation into the enforcement industry, and the proposals, amongst them the one the bailiffs wanted that would land all debtors including the vulnerable with an extra £305 rather than £24.50 at the bailiffs first call. The proposals will be considered in the light of the responses, including the excellent one submitted by tomtubby, and changes incorporated into the Bill. That is what is meant by WD and TT.

 

Quoted from: http://www.legislation.gov.uk/ukpga/2007/15/section/62

 

 

"There are outstanding changes not yet made by the legislation.gov.uk editorial team to Tribunals, Courts and Enforcement Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to LegislationClose status warningsChanges and effects yet to be applied to the whole Act, associated Parts and Chapters: Help about changes and effectsClose effects to be announcedBlanket amendment words substituted by S.I. 2011/1043 art. 3 6Commencement Orders yet to be applied to the Tribunals, Courts and Enforcement Act 2007: Help about changes and effectsClose changes to be appliedCommencement Orders bringing legislation that affects this Act into force:S.I. 2009/803 art. 1(2) 10 commences (2008 c. 17)S.I. 2010/101 art. 2-5 commences (2008 c. 29)S.I. 2010/862 art. 3 commences (2008 c. 17)S.I. 2010/921 art. 2 commences (2009 c. 8)S.I. 2010/1640 art. 2 commences (2009 c. 8)S.I. 2011/1741 art. 2 commences (2009 c. 11)S.R. 2010/101 art. 2 commences (2010 c. 4 (N.I.))

[tomtubby]

TB Law.

 

From your name I had assumed that you were in some way legally trained. It would seem from this particular thread that the initial query from MBeaumont is NOT being addressed and instead, valuable time is having to be taken up by your requests for "authoritive sources".

 

Hopefully, the attached document will give you the assurance you need that my information is correct in that Part 3 ( and with it Schedule 12) of the TCEA 2007 has not yet been implemented:

 

http://www.parliament.uk/briefing-papers/SN06230

 

From reading this Parliamentry document you will see that it states as follows:

 

The Tribunals Courts and Enforcement Act 2007 (TCEA 2007) came into force in 2007, although not all parts of the Act have been implemented.

Edited November 12, 2012 by tomtubby

[ims21]

TB Law

 

This is another thread which is in danger of being derailed and being turned into a discussion. As you know, I have already created one discussion thread for you as a result of similar activity on another member's thread.

 

Please remember that these threads are for the OP to get help and advice which is relevant and tailored to their questions and are not intended as general discussion threads.

 

If there are points which you wish to discuss, seek clarification on or, indeed, learn about, then please start your own discussion thread in the appropriate forum.

 

I am sure that seasoned members will be happy to respond to discussion threads when they have the time in between helping members with specific and sometimes urgent problems.

 

Many thanks.

[lamma]

Is Schedule 12 active ?

[tomtubby]

Lamma,

 

No Schedule 12 has not been enacted.

[TB Law]

Enacted on 19 July 2007

 

Source: http://www.legislation.gov.uk/ukpga/2007/15/introduction

 

Please observe post #56

[tomtubby]

TB Law,

 

For the best part of two days you have been rejecting my explanation regarding Implementation of Part 3 and Schedule 12 of the TCEA 2007.

 

In order to try to clear this matter up once and for all you will see that in my post 55 I provided a link to an official Parlimentray document which states as follows:

 

"This note provides a summary of the problems identified with the current system of regulation of bailiffs. It then provides an outline of the government’s proposed reforms as set out in its consultation paper, ‘Transforming bailiff action’, published on 17 February 2012. Many of the reforms would be achieved by implementing Part 3 and Schedule 12 of the TCEA 2007"

 

"Specifically, the purpose of Part 3 of the Act is to create a new system of ‘taking control of goods’ in order to enforce judgments. Part 3 has yet to be implemented."

 

This government document cannot be clearer. Any yet, despite this you have made ANOTHER post stating that schedule 12 was enacted on 19th July 2007.

 

This is yet again, causing confusion.

Edited November 13, 2012 by tomtubby

[lamma]

Indeed. Portmanteau Acts are never implemented wholesale. And we have never seen a thread about a "Warrant of Control" for the same reason.

[Surfer01]

I am being to get the impression that TB Law is a law student and is trying to impress with their lack of knowledge by derailing various threads. TB if you are going to help, stick to the subject matter and also take advice from the professionals such as Tomtubby. You will learn a lot from her.

[TB Law]

Rather than trying to de-rail this thread with your ranting, we should consider the facts.

 

 

Edited November 14, 2012 by honeybee13
Unauthorised link removed.

[tomtubby]

TB Law, with respect, YOU have managed for days to "de-rail" this thread and, so much so, that the orignal poster has disappeared !!!

[TB Law]

I had posted the source in my post #63 but someone has deleted it.

 

Search "Taking control of goods under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007" and the first listing gives the start date Schedule 12 came into force.

 

but please, no more rants.

[tomtubby]

When searching using your precise words it takes me to a site for Practicallaw. As you will see from my post I have attached an official Parliamentary document which confirms the correct position. Schedule 12 has NOT been enacted and that is the end of the matter.

[brassnecked]

When searching using your precise words it takes me to a site for Practicallaw. As you will see from my post I have attached an official Parliamentary document which confirms the correct position. Schedule 12 has NOT been enacted and that is the end of the matter.

Amen!

[TB Law]

Back on track, no levy, no fees due. see post #19.

[old bill]

TB Law,

 

Whilst you may be a law student, there are those on this site, like myself, who have worked on the front line of law enforcement and seen how the law works in practice. Please let me assure you that it is a lot different to what is printed in a legal text book.

[lamma]

A law student that fails to know what the word "expected" means ? Can someone remind me how the ignore feature works here please/