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15th June 2014, 13:15:PM #1
Transitional Stage of The Taking Control of Goods Regulations 2013 Clarification
We have decided to put up this 'Sticky' due to a lot of posts falling under these regulations, and a certain amount of misunderstanding which this should clear up.
Legal position with debts where enforcement commenced before 6th April:
Council tax, non domestic rates, road traffic debts, child support agency arrears and rent arrears:
If before 6th April a bailiff has attended premises for the purpose of attempting to 'levy’ distress but he was unable to do so, then the action already taken by him would constitute the "compliance stage" (which from 6th April will be £75).
However: for the above debts the enforcement company will not be able to charge this fee to you (of £75) and instead (and this is very important) he can only charge the appropriate fee as outlined in the relevant statutory regulation in force at the time of the attendance (see footnote).
For all future actions the Enforcement Agent will be permitted to charge an 'enforcement stage fee' of £235.
Most importantly, if the bailiff had 'levied upon goods' before 6th April then he may continue to enforce the relevant debt using the applicable fee scale as outlined in the footnote.
Magistrate Court Fines
With regards to a Warrant of Distress issued under section 76(1) of the Magistrates Courts Act 1980 the ‘transitional’ position does not vary too much. At present, the fees chargeable to the debtor to enforce a Distress Warrant for a Magistrate Court fine consist of £85 for the ‘administration’ stage and £215 for the ‘enforcement visit’ stage.
If the enforcement company had issued a letter to the debtor before 6th April to request payment the fee chargeable will be £85. If payment has not been made by 6th April the Enforcement Agent will be permitted to charge an ‘enforcement stage’ fee of £235 (instead of the present fee of £215).
High Court Enforcement debts:
If before 6th April a High Court Enforcement Officer had made at least one visit to seize goods pursuant to the writ; and had been unable to seize goods or to enter into a walking possession agreement but enter into an repayment agreement to pay the amount for which the writ was issued and has been making payments in accordance with the agreement throughout the duration of the writ then the action already taken by the High Court Enforcement Officer would constitute the "compliance stage" (which from 6th April will be £75). However, instead of charging £75 the HCEO may instead only recover the following fees:
(a) Mileage fee (fee 2 in Part A of Schedule 3 to the High Court Enforcement Officers Regulations 2004) in relation to the journey;
(b) Percentage fee (fee 1 in Part A of Schedule 3 to the High Court Enforcement Officers Regulations 2004) in relation to any amounts paid under the agreement;
(c) Miscellaneous Fee (fee 12 in Part C of Schedule 3 to the High Court Enforcement Officers Regulations 2004 ) but ony if the agreement provided for the payment of such a fee.
Council Tax: the Council Tax (Administration and Enforcement) Regulations 1992 (as amended).
Non Domestic Rates: Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (as amended)
Road Traffic Debts: the Enforcement of Road Traffic Debts Order 1993 (as amended)
Child Support Agency arrears: The Child Support (Collection and Enforcement) Regulations 1992
Rent arrears: Distress for Rent Rules 1988 (as amended)
By Amethyst in forum Bailiff Help ( Enforcement Officers / Agents )Replies: 0: 6th April 2014, 14:28:PM
By Amethyst in forum Statutes & Case LawReplies: 0: 2nd April 2014, 08:46:AM
By andy58 in forum Bailiff Help ( Enforcement Officers / Agents )Replies: 18: 7th August 2013, 16:05:PM
By charitynjw in forum General Legal IssuesReplies: 1: 7th April 2012, 15:55:PM