EON CCJ and Intimidation CES Bailiffs

[Bailiff Advice]

I know that this is not want you want to hear but it is such a shame that you had defaulted on such an excellent  payment arrangement (spread over a 12 month period). 

 

When you made the payment arrangement, did you do so following receipt of a Notice of Enforcement? What I trying to understand is whether or not there had been a previous visit?

[Bailiff Advice]

When the officer was inside the house, did he make a list (or inventory) of items that he intended on taking? 

You need to take the advice of Brassnecked and apply for a detailed breakdown of the fees charged asap. 

[Bailiff Advice]

The Police would not have been able to assist them to gain entry into your residential property. That is a FACT. This is merely a CIVIL debt. If it had of been a criminal debt (for example; an unpaid magistrate court FINE), then entry could be gained into your property by force.

 

The only asset that the officer could possibly have seized would have been your vehicle. With no previous visit and no inventory made, it is even more important to obtain a breakdown of fees charged....and quickly.

[Bailiff Advice]

If this was the only visit made and no inventory taken, then only the Stage 1 fee should be charged. The stage 2 fee of £594 is highly questionable and with regards to the Sale Stage fee of £630...….needs to be removed. 

[Bailiff Advice]

An odd question you may think but an important one. The enforcement officers came into your car. How much roughly is the car worth and is it subject to finance?

[Bailiff Advice]

11 hours ago, brassnecked said:

Not so odd BA if they try to claim they took the car into control,

 

You know me too well !!

[Bailiff Advice]

47 minutes ago, Revala69 said:

 I am in the process of drafting a complaint letter to CES and copying in my local MP

If you could wait until later this evening, I should have time to provide some input. 

Edited May 9, 2019 by Bailiff Advice

[Bailiff Advice]

On 11/05/2019 at 08:42, Revala69 said:

I have but it comes up with all the high court enforcement companies is there anything specific I should be looking for ?

 

I do apologise for not replying sooner but the nice weather is too nice to miss I'm afraid. If I am not back later, I will certainly be responding in detail tomorrow. As you have already paid, there is no actual pressure on you. 

 

 

[Bailiff Advice]

I have been very vocal on the subject of High Court fees for at least 12 years and when  the regulations were overhauled in 2014, I also complained about the fees at the Consultation stage. What has made the position worse is the misleading wording from Item 7.3 of the statutory Explanatory Guidance that supports the fee scale (see below):

 

 The first stage fee was correctly applied. The problem arises with the second stage fee and the sale stage fee. 

As outlined under item 7.3, if the agent was 'unable to enter into a controlled goods agreement'. he can only charge the second enforcement stage fee (of £594) if he is able to 'take control of goods in another manner'. If he is able to do so, arrangements can then be put in place for the removal of those items. In which case, the Sale & Disposal fee of £630 could well apply. 

 

In your particular case, the agent was UNABLE to take control of any goods at all. Therefore, he cannot and must not charge anything more than the Stage 1 fee. 

 

I will make a further post this afternoon regarding the steps that you should now be taking. 

 

 

[Bailiff Advice]

1 hour ago, Bailiff Advice said:

 

The problem arises with the second stage fee and the sale stage fee. 

 

Given the popularity of this forum, I should perhaps mention that sadly, it is becoming more and more common to find High Court enforcement companies routinely attempting to charge either the Second Stage fee or both....and I can see why. 

 

I don't intend to mention any particular company name (as regulars on here will know precisely which company I am referring to) but there is one company in particular who are known to request ALL fees at the initial visit. And they attempt to charge such fees as soon as they arrive at the property. With the public unaware of their rights, they get away with it...and in doing so, other companies will try to follow suit. 

[Bailiff Advice]

If fees have been charged when they should not have been, the regulations do indeed provide for what is called 'Detailed Assessment'. This is where an application is made to the court and a Judge will examine the fees charged to establish whether or not there has been any overcharging. In the first instance, such an application is not free. There is a court fee of around £300. 

 

With the recovery of council tax arrears, magistrate court fines or unpaid parking penalties, Detailed Assessment applications are almost unheard of. This is because;  the fees chargeable are clear as day (£75 Compliance Fee and £235 Enforcement fee).

 

Detailed Assessment may be more common in cases of High Court enforcement. Such applications can also be very risky for individuals. Without exemption, High Court enforcement companies will employ  barristers to represent them at hearings.  You will not find a solicitor wishing to represent you with such an application on a 'no win, no fee basis'. 

 

In 2014, when the regulations were overhauled, a major change took place in that all High Court Enforcement Officers were required to obtain a bailiffs certificate. Accordingly, if there has been any wrongdoing (such as charging excessive fees) a complaint can be made against the individual to the County Court that grated his certificate. There is no fee to pay.

 

However, before even considering this route, it is important that you write to the enforcement company to ask them to explain in detail what steps were taken by them to justify charging the Second Stage fee and Sale Stage fee. In your letter I would suggest that you point out that you require this information because, at this present time, you are seriously considering making a formal complaint to the County Court that granted the certificate to the officer.