EA fees and Councils and FOI's discussion

[Big Al]

Re: EA fees and Councils and FOI's discussion

Hardly a get out of jail card, a solemn document, you do not like on one of these.

Not trying to change the subject are you pote ?

Nope, just responding to your answer. Who's to say it's a lie?

[Big Al]

Re: EA fees and Councils and FOI's discussion

Now what do you think it means by "procedures"

A procedure is an official or established way of doing something.

Re: EA fees and Councils and FOI's discussion

Ah, so revealed a nice get out of jail card - just do a stat dec saying you were unaware of the EA's involvement.

Hardly a get out of jail card, a solemn document, you do not like on one of these.

Not trying to change the subject are you pote ?

[Big Al]

Re: EA fees and Councils and FOI's discussion

Yes this is also true, not sure how it helps you. I will help the definition of enforcement power is

(2)

In this Schedule a power to use the procedure to recover a particular sum is called an “enforcement power”.

Well, if only an EA has the power to enforce, that means anyone else taking a payment cannot have done so using that same power. A council cashier certainly does not have the power to enforce, so anything paid to a cashier has not been done so under an enforcement power. As proceeds can only be money or goods taken under an enforcement power, money paid to a cashier cannot be deemed proceeds.

Seems simple enough.

Re: EA fees and Councils and FOI's discussion

Now what do you think it means by "procedures"

[Big Al]

Re: EA fees and Councils and FOI's discussion

I tink they are called statutory declarations pote, anyway you were doing so well, carry on and answer the previous question, you are almost there.

Ah, so revealed a nice get out of jail card - just do a stat dec saying you were unaware of the EA's involvement.

Re: EA fees and Councils and FOI's discussion

Something only an EA has.

Yes this is also true, not sure how it helps you. I will help the definition of enforcement power is

(2)

In this Schedule a power to use the procedure to recover a particular sum is called an “enforcement power”.

Re: EA fees and Councils and FOI's discussion

Which statutory remedies are those?

I tink they are called statutory declarations pote, anyway you were doing so well, carry on and answer the previous question, you are almost there.

[Big Al]

Re: EA fees and Councils and FOI's discussion

Very good again Pote.
And an enforcment power is ?

Something only an EA has.

Re: EA fees and Councils and FOI's discussion

And what are proceeds? Money from the sale of goods or money taken by an enforcement power.

Very good again Pote.
And an enforcment power is ?

[Big Al]

Re: EA fees and Councils and FOI's discussion

4.—(1) — The enforcement agent may recover from the debtor the fees indicated in the Schedule in accordance with this regulation and regulations 11, 12, 13, 16 and 17, by reference to the stage, or stages, of enforcement for which enforcement-related services have been supplied.(2) The fees referred to in paragraph (1) may be recovered out of proceeds.(3) The enforcement agent may recover under this regulation the whole fee provided in the Schedule for a stage where the amount outstanding is paid after the commencement, but before the completion, of that stage.

And what are proceeds? Money from the sale of goods or money taken by an enforcement power.

[Big Al]

Re: EA fees and Councils and FOI's discussion

If someone genuinely had no idea that the debt was owed when it was passed to the EA(very unlikely given that on a council tax bill there are around 8 warning notice s sent before this event) then there are statutory remedies to get the authorrty to recover the warrant order.

Which statutory remedies are those?

Re: EA fees and Councils and FOI's discussion

Yes, the legislation s clear, the bailiff collects his fees from proceeds.

Very good

Re: EA fees and Councils and FOI's discussion

And do you think a debtor who genuinely had no idea that the bailiffs were involved paid the debt through an enforcement power?

If someone genuinely had no idea that the debt was owed when it was passed to the EA(very unlikely given that on a council tax bill there are around 8 warning notice s sent before this event) then there are statutory remedies to get the authorrty to recover the warrant order.

Otherwise the first fee(compliance stage fee) is due when the account is sent to the EA, taking control of goods regulations section 4.

Recovery of fees for enforcement-related services from the debtor

4.—(1) — The enforcement agent may recover from the debtor the fees indicated in the Schedule in accordance with this regulation and regulations 11, 12, 13, 16 and 17, by reference to the stage, or stages, of enforcement for which enforcement-related services have been supplied.(2) The fees referred to in paragraph (1) may be recovered out of proceeds.(3) The enforcement agent may recover under this regulation the whole fee provided in the Schedule for a stage where the amount outstanding is paid after the commencement, but before the completion, of that stage.

[Big Al]

Re: EA fees and Councils and FOI's discussion

Really it is clear that all these FOIs show is that various authorities handle the apportionment of fees on direct payments in different ways, apart from the ones who have not updated there systems yet from the old regime.
The real point is that the legislation(yes i am afraid so ) is clear that the payments, less than the total amount outstanding are apportioned, there is clear legislative instruction, so how anyone can expect any other action to be taken, frankly is absurd.

Yes, the legislation s clear, the bailiff collects his fees from proceeds.