Milo, that is incorrect. An EA can only take his fees by using the schedule 12 procedure; the procedure is clear that this means taking control of goods and selling them, taking his fees from the proceeds of this. You simply cannot escape that one simple fact, it is written plain and clear in the very first sentence of the schedule.
I have had it confirmed by FOI requests over the past month that councils are split over this issue, with some splitting direct payments, and some not. I would name them but I fear you may contact them to tell them they are 'wrong'. I'll let you have one though - West Somerset DC who say, and I quote;
"I can confirm that if the Council receives full payment of the debt owed to the Council, no funds will be passed to the EA in respect of any fees the debtor owes to the EA. The EA will pursue their fees from the debtor."
So please stop spreading this misinformation.
I have had it confirmed by FOI requests over the past month that councils are split over this issue, with some splitting direct payments, and some not. I would name them but I fear you may contact them to tell them they are 'wrong'. I'll let you have one though - West Somerset DC who say, and I quote;
"I can confirm that if the Council receives full payment of the debt owed to the Council, no funds will be passed to the EA in respect of any fees the debtor owes to the EA. The EA will pursue their fees from the debtor."
So please stop spreading this misinformation.
Comment