What Are the Main Bailiff Changes from April 6th?

[BeagleyBailiff]

This is the first of a series of posts Legal Beagles will be posting about the changes coming in on April 6th. They follow on from the existing stickies on the TCE Act.

Attached is a pdf containing the main changes. The main thing people will want to know is how it will affect them?

Most queries on LB regarding bailiffs are to do with Council Tax or Parking. Levies, Walking Possession Orders etc... will cease to exist and will be replaced by 'The Taking Control of Goods Regulations'. Bailiffs cease to be called bailiffs and will be called Enforcement Agents (EA's).

Fees are likely to increase significantly for most people. The common advice from here will be to engage with the EA's at the earliest possible opportunity. The attachment spells out the stages of Enforcement very clearly, along with the fees for each. As soon as the bailiff is instructed a £75.00 fee is incurred (the Compliance Stage)!

Also of significance is the fact that Tools of the Trade over the value of £1350 can now be seized. Sadly, yes this does mean if your works van is worth more than £1350 it can be seized.

Once we get to the Enforcement Stage a £235 fee is charged (plus 7% of any debt over £1500). The fees go on, but are in the attachment.

So what happens to my current debt which is with the bailiffs?
We will need to be VERY careful here with timelines. Any debt under the current system will conclude under the current system. Some bailiff companies have already stated their intent to charge the new fees to all the book from April 6th. This is wrong! We will help you fight any company that tries to apply charges unfairly.We hope you find this and the attachment informative. There is much more to come, but for most the above and the attachment cover the main issues.

For those wanting more, there are massive concerns over numerous other areas, not least training and the ability of councils to implement these changes correctly. As we say - lots to come still.

[seduraed]

Re: What Are the Main Bailiff Changes from April 6th?

Does the value of tools of the trade refer to individual items eg drills, or total value of all tools eg a box of spanners?

[bizzybob]

Re: What Are the Main Bailiff Changes from April 6th?

Does the value of tools of the trade refer to individual items eg drills, or individual eg a box of spanners?

I think the £1350 is a TOTAL amount , so anything specialised and mission critical that takes it above the total or indeed is worth more than that of itself is fair game for the Enforcement Agent on the face of it even if it means the person CANNOT work without it Nasty!

"Tools used in the course of your work may be removed by the Enforcement Agent if they have a value of more than £1,350.00."

[BeagleyBailiff]

Re: What Are the Main Bailiff Changes from April 6th?

Correct - not good news at all.

[bizzybob]

Re: What Are the Main Bailiff Changes from April 6th?

Correct - not good news at all.

This will backfire on MOJ when people are put onto JSA and sanctioned because the bailiff has seized and sold all their tools so cant work anymore so cannot pay the debt and fees, what are they going to do, throw everybody into jail when their livelihoods have been taken away by a bailiff? Now let me see back to 1814 anyone with debtor's prisons next?

[confuciused]

Re: What Are the Main Bailiff Changes from April 6th?

Hi, Are residents of Scotland affected by these changes or is it limited to England and Wales?

[seduraed]

Re: What Are the Main Bailiff Changes from April 6th?

How is the value of the tools going to be assessed? By whom. Is it the new price of the tools or the amount they are likely to fetch at auction? If the value is above the threshold figure are the EAs allowed to take all tools or only enough to reduce the value to below threshold?

[bizzybob]

Re: What Are the Main Bailiff Changes from April 6th?

Hi, Are residents of Scotland affected by these changes or is it limited to England and Wales?

England and Wales only, Scotland doesn't have bailiffs and if one of Marstons or any other Sassenach bailiff companies drone followed a debtor to say an address in Glasgow, he could well endup on the deck after a Glasgow Kiss or in the Barlinnie having a holiday

[bizzybob]

Re: What Are the Main Bailiff Changes from April 6th?

How is the value of the tools going to be assessed? By whom. Is it the new price of the tools or the amount they are likely to fetch at auction? If the value is above the threshold figure are the EAs allowed to take all tools or only enough to reduce the value to below threshold?

If they were subject to a third party claim, say for employer provided tools and the bailiff wanted tp push for interpleader, an independent assessor, so possibly that would apply to the initial value also. Of course the bailiff might value a DeWalt or Makita drill using the price for a Homebase or B & Q generic, to undervalue to seize more.

[bluebottle]

Re: What Are the Main Bailiff Changes from April 6th?

If bailiffs think they can push for an interpleader, I have a feeling this is likely to backfire on them and creditors. If a bailiff has no lawful authority to be where they are and no lawful authority to take third party goods and the creditor attempts to sell the goods, regardless of any third-party claim, it is the absence of lawful authority that is going to cause bailiff and creditor problems.

Although the interpleader provision exists, there appears to be no provision within the new regulations that prevents or excludes the right of a third party to seek an injunction using an N16A. However, I would say that this measure should only be deployed where it is clearly evident the bailiff is pushing for an interpleader and the creditor is intent on selling goods they know belongs to a third party and the third party has submitted a valid claim.

Ensuring police officers check Liability Orders and Warrants against PNC indices where vehicles are concerned is going to be key in ensuring the likes of Jacobs, JBW, Marstons, Newlyns, etc., do not go on an orgy of seizing vehicles they have no lawful authority to seize and ensuring the new regulations protect the debtor and not the civil enforcement industry.

In all cases, the words "Lawful Authority" should be ringing in bailiffs' ears because if bailiffs do not have this at the forefront of their minds and the civil enforcement industry thinks it can ignore these two words, bailiffs and civil enforcement companies could find out, the hard way, exactly what acting without lawful authority can result in.

[Sir Vere Brayne d'Emmidge]

Re: What Are the Main Bailiff Changes from April 6th?

The most significant change with the new legislation is that when a "Warrant of Control" is issued to the debtor, immediately all the debtor goods become "Controlled goods" and can not be disposed of either by selling them of gifting them.

Prior to this, only goods listed on a walking possession were subject to this regulation, to the point that it was permissible in law for the defaulter to remove goods from the warrant address before letting the bailiffs in.

[bizzybob]

Re: What Are the Main Bailiff Changes from April 6th?

The most significant change with the new legislation is that when a "Warrant of Control" is issued to the debtor, immediately all the debtor goods become "Controlled goods" and can not be disposed of either by selling them of gifting them.

Prior to this, only goods listed on a walking possession were subject to this regulation, to the point that it was permissible in law for the defaulter to remove goods from the warrant address before letting the bailiffs in.

That provision makes previously unlawful a Global Levy excepting exempt goods the norm then. Could be nasty

[wales01man]

Re: What Are the Main Bailiff Changes from April 6th?

Debtor goods! Not third party goods then?

[bizzybob]

Re: What Are the Main Bailiff Changes from April 6th?

Debtor goods! Not third party goods then?

No but it looks like the owner would have to get through hoops and possible cost of an interpleader to claim them if li agent assumes third party goods to belong to the debtor as part of the Controlled Goods on the Control Order.

[BeagleyBailiff]

Re: What Are the Main Bailiff Changes from April 6th?

Thread being closed NOT to stifle discussion, it's good to see, but subject matter is straying into the territory of the next Sticky which will be up later today.