EA fees and Councils and FOI's discussion

[Big Al]

Re: EA fees and Councils and FOI's discussion

As said pote it is all in the context, the definitive response says that the legislation applies(well it would really)

How many of these have you sent, I mean there are as said about 400 authorities, are you just quoting the ones which you can misinterpret and binning the ones which state the actual position in clear terms ?

Authorities have to abide by the law Pote

How many? You'll have to wait and see. As I have said a few times now, I've had 26 replies - 20 say no fees are passed on, 5 say they do (with 1 saying they don't know why) and 1 refused.

Re: EA fees and Councils and FOI's discussion

"authorities have to abide by the law"?

Priceless.

Come on then-Lets hear your opinion on why Head H was permitted to be charged by 99% of councils when no goods were removed. As the "informed" poster who finds legislation easy to read (who need barristers & solicitors when we have Andy58?), I look forward to your response.

Re: EA fees and Councils and FOI's discussion

As said pote it is all in the context, the definitive response says that the legislation applies(well it would really)

How many of these have you sent, I mean there are as said about 400 authorities, are you just quoting the ones which you can misinterpret and binning the ones which state the actual position in clear terms ?

Authorities have to abide by the law Pote

[Big Al]

Re: EA fees and Councils and FOI's discussion

Southampton - no money passed on to EA's, they need to make their own arrangements to collect their fees.

Sorry, but that's, what, 20 now? 20 don't pass on fees, 5 do, 1 refused. I make that 80% of those who answered so far.

Re: EA fees and Councils and FOI's discussion

"I am concerned that at present your Local Authority is acting under the advice ofEnforcement Companies who are giving their own interpretation of the law toguarantee their revenue stream and independent interpretation has not been sought". ????

TBH, I can see why they did not refer this to there legal team, It would have been answered by one of the secretaries I should think.

The contents of this does nothing to support your argument. the position is made clear regarding this authority in the other unambiguous reply, obviously from the legal team there.

[Big Al]

Re: EA fees and Councils and FOI's discussion

This one...

[Amethyst]

Re: EA fees and Councils and FOI's discussion

There's just so many

[Big Al]

Re: EA fees and Councils and FOI's discussion

That one?

Nope, not that one.

[Amethyst]

Re: EA fees and Councils and FOI's discussion

That one?

[Big Al]

Re: EA fees and Councils and FOI's discussion

It matters not if you put the sums due(proceeds) in a rabbit hole in your bank or pay it to the authority, it is due to the EA, this is the law as prescribed by parliament and the TCE.

Once again, Peter, no-one is disputing that there are fees due to the EA. They are perfectly entitled to charge the sums as prescribed and the debtor is the one liable for them. No arguments there.

However, it is not for the Local Authority to be collecting these fees on behalf of the EA. They have no remit to pass money that is clearly for the amount on the LO to offset EA fees, none whatsoever.

Perhaps it's time to bring out R v Miskin again?

[Big Al]

Re: EA fees and Councils and FOI's discussion

It's strange that you keep bringing up Southampton's response. Perhaps I should post the pdf reply I got from them?

Re: EA fees and Councils and FOI's discussion

Peter, when the EA takes cash, he has taken control of those goods - the funds are in his control. He then apportions the funds as appropriate.

Pote taking control of goods is the method the EA uses to enforce the account and recover the proceeds. You really do have problems with comprehension don't you

Any way,class is over for the day children, please put your chairs on the table and safe journey home.

Im out

Re: EA fees and Councils and FOI's discussion

Just had another one arrive; Guildford - no fees are passed on.

Pote there are 400 odd authorities in GB, for the last time the law says that fees must be passed on.

Look n last attempt to explain the situation to you.
Since April last year the EAs have been in charge of collecting sums due under a court order, via the TCE.
All sums due are due to them whilst they have the power to enforce the court order.

It matters not if you put the sums due(proceeds) in a rabbit hole in your bank or pay it to the authority, it is due to the EA, this is the law as prescribed by parliament and the TCE. As the legal department at Southampton county council put it:

As stated in the Council’s previous response a payment made after the
enforcement process has begun is governed by these Regulations. It
therefore does not matter who receives the payment. It amounts to
“proceeds” under the enforcement process. The Regulations are quite
explicit on what should happen when the payment is less than theoutstanding amount.

N(w I am not going to take the time to explain this to you again, as there only seems to be you no t able to understand this relatively simple process

[Big Al]

Re: EA fees and Councils and FOI's discussion

Pote money is not "taken control of" proceeds are paid, goods are taken control of.

Peter, when the EA takes cash, he has taken control of those goods - the funds are in his control. He then apportions the funds as appropriate.

Re: EA fees and Councils and FOI's discussion

Yet again you have displayed the difficulty that you have in understanding basic comments. Nobody is saying debtors should avoid their bills, only that by sitting it out, a debtor may avoid paying £310 for the privilege of relieving 2 letters from an EA.

The fee structure is such that it makes those who pay straight away subsidise the recovery from the more awkward debtors. I would not wish to do this, would you?

Obviously you are right, to me sitting it out and not paying is the same as delaying payment.

When you say that paying straight away is silly because it subsides the "awkward debtors" i suppose this means that we should all delay paying our bills when being chased by bailiffs and debt collectors irrespective of whether we can pay them or not. This may make sense to you.

So it weem that you are happy for awkward debtors to be subsided by those who pay their bills ?

Anyway how long should we"sit it out for" exacttly.