Transitional rules?

[rleon]

Can anyone clarify the transitional rules for bailiffs?

 

I had a debt that was passed on as a result of a liability order made before the 6th April, with a first letter sent after the 6th April.

 

The bailiffs are - obviously - trying to claim under the new charges.

 

Most sites seem to say 'Transitional rules apply' but I can't find a description of those rules.

 

Looking at the legislation:

 

The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014, Article 4

 

it looks to me as if paras 3 and 4 apply, therefore the old scale of fees applies.

 

But there's no mention of when/if the new enforcement stage fees apply.

 

Does anyone know?

[HCEOs]

I'm afraid it is when the enforcement action starts not when the liability order was granted.

 

Your case is definitely new regulations with the £75 letter, £235 Enforcement Stage and £110 Sale Stage.

[HCEOs]

Better to contact them and make a sensible arrangement before they turn up and add the Enforcement Stage fee.

[lookinforinfo]

It would of course depend on whether the Enforcement Agents sat on the L/O for a while in order to claim the increased fees.

[tomtubby]

 

It would of course depend on whether the Enforcement Agents sat on the L/O for a while in order to claim the increased fees.

 

.

 

Sadly, your above comment is true ( and this is becoming very obvious with enforcement of unpaid PCN's). The way in which to check what date the Liability Order was passed to the enforcement company is for the debtor to ASK the local authority.

 

The new regulations have of course provided an incentive to enforcement companies to 'hold back' Liability Orders and warrants because, under the old regs with council tax they were not permitted to charge an 'admin fee' and with parking tickets were only allowed to charge a fee of £11.20.

[tomtubby]

An 'easy' guide to the 'transitional' regs is outlined in a STICKY that I wrote on 6th April when the new regs took effect:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?421864-Guidance-The-Taking-Control-of-Goods-Regulations-2013-Transitional-Stage

[brassnecked]

And MOJ thought these new rules would discourage creative fleecing?