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No one knows what is needed to constitute a payment arrangement of the sort mentioned under Regulation 9 of the Taking Control of Goods Regulations.

 

During the lead up period to the regulations taking effect (in 2014), the MOJ were asked what constitutes an arrangement. Their answer was simply that it would be for enforcement agents to take their own legal advice.

 

A dictionary definition of an arrangement illustrates that the debtor does not necessarily have to agree to it.

 

I would suggest an arrangement is simply where the EC has received a communication after NOE offering x per week/month and they have accepted without a CGA. They then don't feel the need to attend for an enforcement visit unless the arrangement is broken.

 

If there has never been any arrangement with the EC and payment was made to a council directly during the 12 months of an NOE, which an official of the council has accepted as full payment of an l/o, then i don't see there can be continued enforcement after 12 months including seizing a car on a public highway. But as i doubt Bru is going to go through a court hearing to challenge the legal position, then it Is all a bit academic.

 

The legislation needs to be revised to make the process clearer.


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Yes that is correct as I said in 197.

 

It is odd how people see the word arrangement and read agreement, the two things are entirely different


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Just had a re read of the first part of the thread.

 

Key dates

 

NoE dated 16-08-15

 

Payment 03-08-16 ( payment made to council less EC fees)

 

Car seized 19-08-16

 

So it looks like not quite the 1 year for the NoE.

 

But as has been stated in the past on other threads,

The £75 is due when the council passes it over to the EC so this must be the start of the NoE .

 

may be a bit of leeway there?

 

To me Bru it Looks like you are in a grey area,

 

How much is the car worth?

 

I think it is cut your loses and pay the £310, get your car back.

 

or let them keep the car,

 

I do not think you will win on this one as it is a grey area with the dates,

for a strong case.

 

What ever you do I wish you luck,

In my opinion the regs are too one sided for the EC,

 

leakie

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If there has never been any arrangement with the EC and payment was made to a council directly during the 12 months of an NOE, which an official of the council has accepted as full payment of an l/o, then i don't see there can be continued enforcement after 12 months including seizing a car on a public highway. But as i doubt Bru is going to go through a court hearing to challenge the legal position, then it Is all a bit academic.

 

[/quote

 

This seems like a misconception which just will not go away, no matter how many times it is explained.

 

A payment made whilst the enforcment is with a bailiff, is due to the bailiff and not the council.

If they accept it, it is just on behalf of the bailiff.

 

So a payment made to the council at this time, is a payment to the bailiff.


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This is why I said about the dates and a grey area,

If Bru had paid 2 weeks later then the NoE would have expired,

and anything happening would have been unlawful and he would have had a stronger argument.

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This is why I said about the dates and a grey area,

If Bru had paid 2 weeks later then the NoE would have expired,

and anything happening would have been unlawful and he would have had a stronger argument.

Then his bad timing has cost him dear.


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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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FINAL UPDATE !!!

 

We have finally reached an agreement with the local authority and their enforcement agents; Newlyn Plc.

 

As viewers will know, Bru's vehicle (which is valued at around £1,900) has been in the enforcement companies car pound for almost one month.

 

Bru will be collecting his vehicle on Tuesday (8th November). He has agreed to pay the bailiff fees of £310 (Compliance fee of £75 and Enforcement fee of £235).

 

Newlyn Plc have agreed the cancel the removal fee of £110 and all storage fees.

 

With regards to the payment of £310, this sum is to repaid by way of three monthly payments with the first instalment payable on 8th December.

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good result

council back down Newlyns backed down as they were wrong!!

obviously not a strong case if went to court otherwise they would not back down .

good result Bru as you agreed you owed the £310.

 

Leakie

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Best result in a bad situation, Bru has to pay the Compliance and Enforcement fees as we knew, but the elephant of a months Storage Fees, which would be considerably more and the Removal/Sales Fee have gone away.


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Nope they agreed to the offer they proffered earlier , if they were wrong they would have to return the 235.

 

The result, was because someone spoke to them and came to a sensible agreement.

 

All parties should be congratulated.


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just to correct Leakie post #203:

The Notice of Enforcement was 19/08/2015

The date of vehicle removal / car seized was 10/10/2016.

 

I must thank Bailiff Advice for sorting this out as there was never any disagreement with a debt being owed to the bailiff firm.

 

It was purely the area about if they able to take control of the goods of the debtor after the expiry of a period of 12 months beginning from the date of the notice of enforcement. when there is no arrangement with the enforcement agent.

 

this was never about, if any sums of money are owed, solely, may they take control of goods.

 

Bailiff Advice has worked to get the vehicle returned and back into my possession.

without additional cost, all fees such as storage and tow truck fees were removed .

 

The sum owed was never in dispute:

£75 Compliance stage

£235 First Enforcement stage

have now been agreed to be paid.

 

The £235 was never contested in any way Dodegball

 

Only the bailiff action itself.

 

Many thanks Bailiff Advice, I think all parties concerned acted to correct this matter , and the debt owed to the bailiff firm at the end of the day has to be paid as the were duly owed the sums as stated above £310 in total.

 

This was never about the money, regardless if money was paid to the council or otherwise only may they take control of goods and as such the the vehicle after the period of the NOE had expired and no agreement or arrangement was in place with the enforcement agency.

 

To which, I have my vehicle back .

 

 

FINAL UPDATE !!!

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Thanks for the update Bru,

and for the correction, Just glad you got it sorted in the end.

 

Leakie

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Taking control of goods and the Enforcement fee are synonymous. The truck fees are no longer charged as a sapperate dispersement.

 

Storage costs would not be payable it the outstanding amount was paid and goods returned in any case.


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Glad it's sorted Bru


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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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Bailiff Advice has worked to get the vehicle returned and back into my possession without additional cost, all fees such as storage and tow truck fees were removed .

 

Many thanks Bailiff Advice, I think all parties concerned acted to correct this matter , and the debt owed to the bailiff firm at the end of the day has to be paid as the were duly owed the sums as stated above £310 in total.

 

FINAL UPDATE !!!

 

I was just glad to help in way that I could in order to resolve this matter.

 

Thank you for updating the forum.

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