EA fees and Councils and FOI's discussion

Re: Help with Newlyn please

But the regs do not allow pro-rata splits from payments paid directly to the council - the pro-rata split only comes in when dealing with the proceeds of the sale of goods or money taken into control by the EA.

Surely the position is that the councils that are passing on funds are the ones not following the regulations?

There you are, so now we will have to go through all this again post all the proof and have it ignored by this one poster and perhaps his mate dependent on what mood he is in.

[EXC]

Re: Help with Newlyn please

And anyway this really shouldn't be on the OP's thread

I think we can be sure about that.

Re: Help with Newlyn please

Surely, and sorry if this causes more tiff's, it is good to find out which councils are following the regs and doing the pro rata fees/payments thing and which ones you can pay direct and they'll ditch the EA for you ? The primary aim is to get the debtor out of the clutches of the EA's and if some councils will take payment of the debt and call off the hounds without the debtor being made to pay the EA fees then make the most of it while we still can until the councils catch up... so long as help is given to individuals with a disclaimer that it SHOULD be pro rata as per regs, BUT this council do this as far as we know at the moment..... etc ??????????? Just a thought.

Also nb for anyone posting FOI responses, I always prefer a scan of the original letter or upload of the word doc or PDF if it was sent via email - or a link to the WhatdoTheyKnow postings rather than summarised posts on forums.

Hi Amethyst, there are no authorities which ditch the EA on payment never have been. I have posted the originals of these case on here before,

[Big Al]

Re: Help with Newlyn please

Surely, and sorry if this causes more tiff's, it is good to find out which councils are following the regs and doing the pro rata fees/payments thing and which ones you can pay direct and they'll ditch the EA for you ? The primary aim is to get the debtor out of the clutches of the EA's and if some councils will take payment of the debt and call off the hounds without the debtor being made to pay the EA fees then make the most of it while we still can until the councils catch up... so long as help is given to individuals with a disclaimer that it SHOULD be pro rata as per regs, BUT this council do this as far as we know at the moment..... etc ??????????? Just a thought.

Also nb for anyone posting FOI responses, I always prefer a scan of the original letter or upload of the word doc or PDF if it was sent via email - or a link to the WhatdoTheyKnow postings rather than summarised posts on forums.

But the regs do not allow pro-rata splits from payments paid directly to the council - the pro-rata split only comes in when dealing with the proceeds of the sale of goods or money taken into control by the EA.

Surely the position is that the councils that are passing on funds are the ones not following the regulations?

[Amethyst]

Re: Help with Newlyn please

How about Big Al, and Andy58 - we have one thread of JUST the FOI responses - without chat - so people can easily find the council they are dealing with and how they are likley to handle it ?

[Amethyst]

Re: Help with Newlyn please

And anyway this really shouldn't be on the OP's thread so shall we chuck the last few posts over to a thread about councils/ea fees and direct payments ?

[Big Al]

Re: Help with Newlyn please

I should really charge for this..
I(f fees are stil due it means the warrant is still active, therefore the ea can continue to enforce.

Definitely my last post on the subject.

the FoI's are not about whether the warrant is still active, it's about what the council does when they receive a payment direct from the debtor - do they pass any of this on to the EA or not?

[Amethyst]

Re: Help with Newlyn please

Surely, and sorry if this causes more tiff's, it is good to find out which councils are following the regs and doing the pro rata fees/payments thing and which ones you can pay direct and they'll ditch the EA for you ? The primary aim is to get the debtor out of the clutches of the EA's and if some councils will take payment of the debt and call off the hounds without the debtor being made to pay the EA fees then make the most of it while we still can until the councils catch up... so long as help is given to individuals with a disclaimer that it SHOULD be pro rata as per regs, BUT this council do this as far as we know at the moment..... etc ??????????? Just a thought.

Also nb for anyone posting FOI responses, I always prefer a scan of the original letter or upload of the word doc or PDF if it was sent via email - or a link to the WhatdoTheyKnow postings rather than summarised posts on forums.

Re: Help with Newlyn please

What with point 6? Obviously the fees are still due, but the council won't be passing them on.

I should really charge for this..
I(f fees are stil due it means the warrant is still active, therefore the ea can continue to enforce.

Definitely my last post on the subject.

[Big Al]

Re: Help with Newlyn please

Why don't you post the ones from that site that say they don't pass on fees?

Re: Help with Newlyn please

Lots more on that thread which directly answer the question.
The fact is though that it merely agrees with the legislation in this area, if you understood that you would not need to ask.

Re: Help with Newlyn please

http://www.consumeractiongroup.co.uk...61#post4687561

Birmingham City Council: 22nd Janaury 2015

Payments made towards a debt that has been referred to an enforcement
agent since 6 April 2014 must be apportioned between the debt and the
agent’s fees in accordance with the rules set out in The Taking Control of
Goods (Fees) Regulations 2014.

The rules apply equally whether payment is made to the council or to the enforcement agent.

Where payment is made direct to the council and an amount is required under the regulations to be set towards the fees, the appropriate amount is remitted to the
 enforcement agent.



Mid Sussex District Council: 23rd December

Thank you for your request for information. 



Since the Regulations mentioned came into force we have paid a total of £1,195.05 to our enforcement agents which is for 24 cases.



Leeds City Council: 12th January

I can confirm that where payment is made direct to the Council including an element of bailiff costs, then these would be returned by the authority to the bailiff company.

North East Lincolnshire Council

In all cases where we receive a direct payment and the case is with an
enforcement agent we would advise the agent, and enforcement would
continue against any remaining* balance of Council Tax and fees.


Wigan Metropolitan Borough Council: 9th January 2015

Paid 
£1074.31 to the enforcement company in respect of 8 cases.


Newham Borough Council: 1st Janaury 2015

Since the Taking Control of Goods(fees) Regulations 2014 came into force, has Newham Borough Council handed any monies which a debtor has paid directly to the authority in respect of his or her council tax liability to its enforcement agent?

If so, how much and in how many cases?

Response

There have been 35 accounts with a value of £4,077.56.


Stoke on Trent City Council: 7th January 2015

Since the Taking Control of Goods (fees) Regulations 2014 came into force,
has Stoke on Trent City Council handed any monies which a debtor has paid
directly to the authority in respect of his or her council tax liability
to its enforcement agent?
 


Response:

Yes.
 
If so, how much and in how many cases?



Response:



27 cases at a total value of £2,511.71. These figures relate to the
period 01/04/14 to the date of your request.

[Big Al]

Re: Help with Newlyn please

No in the main they do not say what you think they do, none of them state categorically what you are saying! The others do.

Ah, so you have read all the ones I have then?

[Big Al]

Re: Help with Newlyn please

What with point 6? Obviously the fees are still due, but the council won't be passing them on.

Re: Help with Newlyn please

Just opened the last PDF, point 6 ?