EA fees and Councils and FOI's discussion

[Big Al]

Re: EA fees and Councils and FOI's discussion

Can i just enquire

Have you ever read any of the service level agreements between councils and EA. If not, i have some from my old research, they may take a day or so to dig out. But the ones i have read, cover the curcs your talking about. the EA remain agents for the council, under the responsibility of teh 151 and monitoring officer for there actions. The right for the EA to charge or claim the fee, does not meen they have to charge/recover it. Just they have the right to at that stage

these agreements can be quite varied between councils.

I've asked for the SLA's in the FoI's but they are reluctant to release them.

[Guest]

Re: EA fees and Councils and FOI's discussion

That would be a good thing to find and upload and it might help in the discussion providing it has not been already been closed

Be interesting but not really relevant to this topic.

[leclerc]

Re: EA fees and Councils and FOI's discussion

Be interesting but not really relevant to this topic.

interpretations interpretations......I hardly know what the hell you're talking about and just abouts worked out that EA stands for Enforcement Agent.....I'm off to the cloakroom to find Amethyst and get my coat

[Amethyst]

Re: EA fees and Councils and FOI's discussion

ooo errrrr

[leclerc]

Re: EA fees and Councils and FOI's discussion

ooo errrrr

filthy mare

[Crazy council]

Re: EA fees and Councils and FOI's discussion

It really would be relevant, a lot of what you discussing is detailed in these in some form ( some timers takes some interpretation ).

There is more involved than standard when the debts owed to the local authority. Localism legislation locked in responsibility for actions to CEO, 151 Officer and Monitoring officer. You have to account for that when your study actions of EAs acting for councils..

For instance, incorrect LEGAL application or administration of a LO, by an EA ( sorry LE ), the monitoring officer hold final responcability
Incorect finacial application around LOs or there application, is the responsibility of the 151 officer ( head of finance )

The SLA documents and agreements, allow both roles to delegate responsibility for collecting the debt ( thats always owed to and in control of teh LO ) to the EA . But final responcability lies with the LO

I will go get my popcorn

[Big Al]

Re: EA fees and Councils and FOI's discussion

Let's clarify some abbreviations:

EA= Enforcement Agent (formerly bailiff)

LA= Local Authority or council

LO= Liability Order

SLA= Service Level Agreement

[Guest]

Re: EA fees and Councils and FOI's discussion

It really would be relevant, a lot of what you discussing is detailed in these in some form ( some timers takes some interpretation ).

There is more involved than standard when the debts owed to the local authority. Localism legislation locked in responsibility for actions to CEO, 151 Officer and Monitoring officer. You have to account for that when your study actions of EAs acting for councils..

For instance, incorrect LEGAL application or administration of a LO, by an EA ( sorry LE ), the monitoring officer hold final responcability
Incorect finacial application around LOs or there application, is the responsibility of the 151 officer ( head of finance )

The SLA documents and agreements, allow both roles to delegate responsibility for collecting the debt ( thats always owed to and in control of teh LO ) to the EA . But final responcability lies with the LO

I will go get my popcorn

Like I said interesting but the allocation of fees is prescribed in the legislation it is not contractual.

[Big Al]

Re: EA fees and Councils and FOI's discussion

Like I said interesting but the allocation of fees is prescribed in the legislation it is not contractual.

Allocation of fees from proceeds of enforcement is prescribed. Direct payments are not.

[Crazy council]

Re: EA fees and Councils and FOI's discussion

Like I said interesting but the allocation of fees is prescribed in the legislation it is not contractual.

But the agreements between councils and EAs limit the curcs that the baillifs will/can apply them. In a round about way, council do usually pay the EAs for some of the returned accounts, by minimum payment levels. I stumbled accross this when researching the court fees, and how they go through the accounts, some councils ( 2007 ) was using the exsess proffits made from court applications ( costs ), to pay for mistakes/corrections to EAs.

[Guest]

Re: EA fees and Councils and FOI's discussion

SLA's are only really relevant post April 2014. Prior to this, if the debt was paid directly before a levy on goods was made, the bailiff could not enforce for his fees.

Post April, it is clear from FOI's that some councils do not pass fees on if money is paid directly. This can only be good news for the debtor. Why anyone, other than a bailiff would be so determined for this to change is beyond me.

[Guest]

Re: EA fees and Councils and FOI's discussion

SLA's are only really relevant post April 2014. Prior to this, if the debt was paid directly before a levy on goods was made, the bailiff could not enforce for his fees.

Post April, it is clear from FOI's that some councils do not pass fees on if money is paid directly. This can only be good news for the debtor. Why anyone, other than a bailiff would be so determined for this to change is beyond me.

It is not a case of "challenging" it is just the way it works, pointless stamping your feet, putting your fingers in your ears and going lalala, it is in the legislature and all councils must abide by the legislation.

[Big Al]

Re: EA fees and Councils and FOI's discussion

It is not a case of "challenging" it is just the way it works, pointless stamping your feet, putting your fingers in your ears and going lalala, it is in the legislature and all councils must abide by the legislation.

Legislation deals only with proceeds of enforcement, not voluntary payments.

[Guest]

Re: EA fees and Councils and FOI's discussion

You have no idea of the way it works as there are no precedents to rely on. Given your recent track record of getting things wrong, you are the last person that I would listen to. You might think you're coming across as clever by continually claiming that legislation is easy to follow, but all you are doing is showing how stupid you really are. How many solicitors do you know that come out with such craas statements? Very few if any I would guess.

'Money taken in the exercise of power' could have a multitude of meanings, including that it should refer to money taken exclusively by the person exercising the power. It is reasonable to argue that money paid voluntary the creditor is not done so in the exercise of power.

Can't be bothered arguing with you any longer, whatever is said, you just disagree with for the sake of it. I too have a saying that I use:

If you climb to into the pig sty and wrestle with the pigs, the pigs love it and you get dirty.

[Big Al]

Re: EA fees and Councils and FOI's discussion

You cleaned that one up.