The Certification of Enforcement Agents Regulations 2014. Discussion thread.....

[Sir Vere Brayne d'Emmidge]

This really makes some interesting reading!

http://www.legislation.gov.uk/uksi/2014/421/made

[bizzybob]

Re: To whom it may concern....i.e. everybody on this forum

It most certainly does Sir Vere, great find and post/ I recommend all Beasgles download and study this one for any hidden traps.

[Milo]

Re: To whom it may concern....i.e. everybody on this forum

Coming as I do from the 'advice sector' I received this on Friday. I had not wanted to start a new thread until Monday afternoon as there are so many areas of VERY SERIOUS concern and we are waiting for MOJ to respond to questions. A very worrying document.

[bizzybob]

Re: To whom it may concern....i.e. everybody on this forum

Coming as I do from the 'advice sector' I received this on Friday. I had not wanted to start a new thread until Monday afternoon as there are so many areas of VERY SERIOUS concern and we are waiting for MOJ to respond to questions. A very worrying document.

After a quick skim read first thing this morning I already have serious concerns about this one. I will study it in more detail later, as I don't want to soil one of the few Sundays left before bailiffs are let loose almost 24/7/365 ( there are restrictions bertween 9pm and 6am presumably) and of course 366 in a leap year

[Milo]

Re: To whom it may concern....i.e. everybody on this forum

This thread could make for a very discussion......

[Milo]

The Certification of Enforcement Agents Regulations 2014. Discussion thread.....

On Friday 28th February the government released The Certification of Enforcement Agents Regulations 2014. This is the third and final set of Regulations which will underpin the Government's reforms to bailiff law.


The first set, The Taking Control of Goods Regulations 2013, were laid in Parliament on 30th July last year and set out the procedure enforcement agents must follow when taking control of goods.


The second set, the Taking Control of Goods (Fees) Regulations 2014 were laid in Parliament on the 9th January and set out the fees and disbursements an enforcement agent may recover from the debtor when carrying out enforcement related work.


All three sets of regulations will come into force on 6th April.

http://www.legislation.gov.uk/uksi/2014/421/made

[Milo]

Re: The Certification of Enforcement Agents Regulations 2014. Discussion thread.....

This long awaited third statutory instrument relates to Section 63 of the Tribunals Courts and Enforcement Act and outlines the requirements which must be satisfied before a certificate is to be issued.....the duration of the certificate..... how they may be suspended or cancelled and the making of complaints that the person is not a fit a proper person to hold a certificate.


This new regulation REPLACES the provisions of the Distress for Rent Rules 1988 which will be revoked on 6th April.
Pages 1 to 6 deal with the certification and complaints procedure for enforcement agents.


Pages 7 though to 31 are copies of the new Statutory Notices.

[bizzybob]

Re: The Certification of Enforcement Agents Regulations 2014. Discussion thread.....

This long awaited third statutory instrument relates to Section 63 of the Tribunals Courts and Enforcement Act and outlines the requirements which must be satisfied before a certificate is to be issued.....the duration of the certificate..... how they may be suspended or cancelled and the making of complaints that the person is not a fit a proper person to hold a certificate.


This new regulation REPLACES the provisions of the Distress for Rent Rules 1988 which will be revoked on 6th April.
Pages 1 to 6 deal with the certification and complaints procedure for enforcement agents.


Pages 7 though to 31 are copies of the new Statutory Notices.

So the written complaint is like a watered down Form 4, if so there is still the potential for a bailiff companu to throw a brace of Barristers at it if a hearing is convened and pervert it into pseudo litigation.

[Milo]

Re: The Certification of Enforcement Agents Regulations 2014. Discussion thread.....

An error post.

[Milo]

Re: The Certification of Enforcement Agents Regulations 2014. Discussion thread.....



This third regulation was expected long ago and as important as it, is it is still very difficult to advice debtors on the new procedures given that this new regulations (released on Friday) will sit alongside provisions which will be set out in revised Civil Procedure Rules and a supporting Practice Direction.


We are told that the new Civil Procedure Rules will be laid in Parliament shortly.


A further Statutory Instrument will also be released that will detail all transitional arrangements.

[Milo]

Re: The Certification of Enforcement Agents Regulations 2014. Discussion thread.....

So the written complaint is like a watered down Form 4, if so there is still the potential for a bailiff companu to throw a brace of Barristers at it if a hearing is convened and pervert it into pseudo litigation.

Apparently, (as I understand it) there will be specific Judges appointed who will deal with bailiff certification and those same Judges will hear any complaints. The new regs are merely an outline and further fine detail will be outlined in the new Civil Procedure Rules and the supporting Practice Note.

[Milo]

Re: The Certification of Enforcement Agents Regulations 2014. Discussion thread.....

At this present time I do NOT want to address the matter of the forms (pages 7-31) as they have revealed some serious worrying points that I need clarification on.

[bizzybob]

Re: The Certification of Enforcement Agents Regulations 2014. Discussion thread.....

All I can say is in the words of Duke Nukem, a non politically correct videogame character, who solves issues by generally shooting aliens or blowing things up "What a Mess" MOJ have certainly "Blown Up" a storm for themselves with this one.

[NotPaying]

Re: The Certification of Enforcement Agents Regulations 2014. Discussion thread.....

The Civil Procedure Rules changes are here http://www.legislation.gov.uk/uksi/2.../contents/made

[bluebottle]

Re: To whom it may concern....i.e. everybody on this forum

Having just read through the provisions Sir Vere has found - Thank you, Sir Vere - I have very serious concerns about Regulation 10. As it reads, this provision does not prevent a dishonest or violent bailiff from ever seeking re-certification, but allows them to seek re-certification after serving a "penance period" of retraining! Notwithstanding, Criminal Justice Law allows judges sitting in the criminal courts to ban defendants from seeking and/or employment in certain areas of employment if convicted of certain offences. There are also other provisions which prevent persons from being employed in certain areas of employment following conviction for specified offences.

As far as the current Form 4 proceedings go, I have no doubt errant bailiffs bleat about their human rights which they exercise by demanding court hearings and then packing them out with a posse of lawyers. However, human rights law is clear in that in the exercise of your Convention rights, you must not do so to the detriment of another person's Convention rights. The current practice puts the complainant, who has an equal right to a fair hearing of their complaint, at a disadvantage and judges, instead of ensuring Article 6 is complied with in the case of both parties, allows what is a clear breach of Article 6 to take place.

I can see this abomination being legally-challenged and changes being made to the applicable legislation. If the challenge is made under human rights legislation, any Form 4 hearings that have already gone through the courts will, almost certainly, be subject to review and where Article 6 is shown to have been breached, any legal costs civil enforcement companies have secured may have to be reimbursed.