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Taking Control of Goods 2013....Credit card, HPI and DVLA fees....can they be charged?

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I had previously posted on this subject on the Taking Control of Goods...General Discussion thread a few weeks ago but unfortunately, it would seem from some recent examples that some enforcement agents and local authorities may be "unaware" of the correct position.

 

With regards to VAT it is fair to say that there had been a great deal of confusion as to whether VAT was chargeable to debtors and this was mainly due to delays at HMRC which ultimately lead to formal announcements being made by MoJ just 2 weeks before the regulations took event on 6th April. To confuse matters even further HMRC failed to update their website with the correct information. It is my understanding that the correct information should now be on the HMRC site.

 

The new fee scale that came into effect on 6th April provides than an enforcement agent can charge to the debtor a Compliance fee of £75 (this is charged at the time of sending a Notice of Enforcement) and if payment is not made (or a payment arrangement not agreed within the time period provided on the Notice an Enforcement) a visit can be made to the debtors premises and a "Enforcement fee' of £235 added.

 

Unless the total debt is over £1,500 (in which case the fee of £235 is slightly increased) or goods are actually removed to storage or auctioneers....the fee scale does not provide for any further charges to be applied to the debtor.

 

The correct position with regards to VAT, HPI fees, DVLA fees and credit card transaction fees is as follows in the following post.

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VAT:

 

Under the new regulations, enforcement agents enforcing unpaid magistrate court fines, unpaid council tax or road traffic debts cannot....and must not charge VAT to debtors on enforcement agent fees.

 

 

HPI and DVLA search fee:

 

Under the previous regulations there was no provision to charge such fees but nonetheless, it has long been 'industry practice' for bailiffs to charge HPI and DVLA search fee ( normally £20 each time) and this has amounted to a substantial amount of money being received.

 

Under the new regulations enforcement agents cannot....and must not charge either an HPI or DVLA search fee to debtors.

 

 

'Head H' Fee

 

 

The charging of a 'Head H fee' (of £24.50) in relation to unpaid council tax had been 'industry practice' for approx 10 years and as a regular poster (outlawla) on here has discovered....the charging of this fee has resulted in significant amounts of additional revenue to bailiff companies.

 

Under the new regulations enforcement agents cannot....and must not charge a 'Head H' fee of £24.50 when enforcing unpaid council tax.

 

 

Credit card transaction fees:

 

Under the previous regulations it was again 'industry practice' to charge figures of between 4% and 6% on the overall debt when paying by credit card.

 

Under the new regulations enforcement agents cannot....and must not charge credit card transaction fees when payment is made.

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Are there any exceptions to the above?

 

The only exception being where the account had commenced enforcement action before 6th April and where a 'levy' had also been in place before that date.

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If anyone has been charged any of the above 'fees' and the enforcement of the debt commenced after 6th April it is vitally important that this is brought to the attention of both the local authority and CIVEA.

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I'm sure as before EAs will ignore this and blatantly add DVLA search fees, broken arrangement fees, and other creations from the old outdated Brothers Grimm book of bailiff fees. (aka the make it up as you go along Regulations from the year dot) We must be vigilant and make sure any examples of these being added must nbe escalated to MOJ, and the LA CEO where they have been charged.


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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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Brassnecked.

 

I should also mention that under the new regulations an enforcement agent cannot charge any of the following fees either:

 

Broken arrangement fee.

 

 

Bounced Cheque fee.

 

 

Credit Card 'chargeback' fee.

 

 

Cut clamp fee (such a charge may be recovered by way of civil proceedings)

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All advice must now take into consideration that any of these proscribed and therefore unlawful fees added to accounts dealt with under the new regs should therefore be challenged by Formal Complaint if Council Tax

 

 

Ggreat work TT setting out what is and is not permissible.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

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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