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Having a few concerns and questions, I emailed the MOJ with the following, now awaiting for them to reply so I can put up some answers to questions that are being asked all over the forums in regards to the new Taking Of Control Of Goods Act, I am hoping that they will reply but think it will take some time to get an answer here are my questions some have been removed to protect parts that are of a special significance to me personally.

 

 

Good morning.

 

 

I am requesting some clarification on some matters regarding the new Act "taking control of goods"

 

 

There does not appear to be a "in plain English" version of these new rules, the reason I am asking for them is as .............................................................................. I want to know 100% if I have ANY protection whatsoever from a bailiff under the new regulations, if so what are they and where can I find the copy of those rules please.

 

 

1. I am .............................................................................................................

 

 

2. As for the voluntary code of practise for bailiffs (enforcement agent) what can I say to one should they turn up at my door and how could I get them to believe the vulnerabilities' if I had any that applied to my situation.

 

 

3. With the new fee structure is there any protection for anyone in the vulnerable groups? If so can you please issue me a copy of the said list and how the bailiff must act when confronted with these sorts of debtors.

 

 

4. In plain English can someone please put pen to paper what if a debtor that falls into the vulnerable household rules in relation to the new regulations, what if any protection they may have from these new regulations.

 

 

5. I am seeking clarification can a Bailiff clamp and remove any vehicle from a debtors driveway?

 

 

6. The use of ANPR for bailiffs as follows

1. Can a bailiff use a Police stop check point to catch a debtor within one of these Police stop check situations?

 

 

What actions can a Police Officer do to assist a Bailiff when requested by the bailiff at a debtors home, can the Officer assist the Bailiff in ANY matter except to "prevent a breach of the peace"

 

 

The use of a locksmith, please can you clarify as to when a Bailiff can use a locksmith or threaten the use of a locksmith.

 

 

If a vehicle is clamped on the debtors drive and is this is private property can the debtor legally remove the clamp? if so can you confirm this. if not is this a criminal offence that can see the debtor arrested for criminal damage?

 

 

If the Bailiff has clamped the vehicle and leaves the scene is this "levy abandonment"?

 

 

Does the notice floating around the internet that claims to remove the implied rights of access have any LEGAL STANDING WHATSOEVER as far a bailiff is concerned?

 

 

As you can see I have many questions far to many to email you with, but I need to know what the "legal" powers of a Bailiff actually are, I have asked several bailiff companies for this information and they have refused to let me have this so have been left with no other option than to ask for help from you.

I appreciate any assistance you may be able to offer me in this matter and am happy to receive your responses via email, but I would also request that you send me a hard copy in writing please so I can keep an official copy of your reply for future referencing.

 

 

Yours Respectfully

 

 

MM


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Mikeymack.

 

Excellent questions and please do post back with any response.

 

As you will know from other threads I have offered to put together easy to understand guidance on the new regulations that take effect on 6th April. Unlike in the past, I will refrain from posting links to the relevant statutory instruments that underpin the changes as this merely acts to confuse debtors. Instead, there is a desperate need to keep everything as simple as possible (a difficult task indeed given that we have so many different regulations).

 

Also, there is a huge amount of further info due shortly as we are waiting to see the effect of over 3,000 Statutory Regulations that are being either revoked or amended. Busy times ahead.

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TT this should have all been put to bed so to speak before it became into passing, there is still too much black hole in this to lose oneself in, given this has been rushed through only now are things being asked and they should have waited another year to cross the t's and dot the i's

 

 

MM


If I have been of any help, please click on my star and leave a note to let me know, thank you.

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It has been rushed in and will backfire badly when the third party claims come a rollin in.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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