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Is there evidence bailiffs are sitting on cases referred to apply the new fees?

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  • #1

    Is there evidence bailiffs are sitting on cases referred to apply the new fees?

    Having seen a couple of threads on forums regarding existing debtors being threatened by bailiff companies like Jacobs and Bristow & Sutor in letters suggesting they will dragged in to the new regime if they don't settle up in full before April 6th; is ity worthwhile discussing possible courses of action affected debtors can pursue against them?

    The nub being that if they have the account now, they should apply the old fees or does it hinge on date they commenced enforcement, so sitting on an account passed ove, sending a letter then going in for the kill under the new regs, is lawful but moraly and ethically wrong/

    Thoughts folks!
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  • #2
    Re: Is there evidence bailiffs are sitting on cases referred to apply the new fees?

    Unless specifically stated in the legislation, law is not normally retrospective.

    Comment

    • #3
      Re: Is there evidence bailiffs are sitting on cases referred to apply the new fees?

      Originally posted by enquirer View Post
      Unless specifically stated in the legislation, law is not normally retrospective.
      Apparently if they get the case before April 6th then under the Transitional Arrangements it MUST be dealt with under the existing regime from start to finish.

      Comment

      • #4
        Re: Is there evidence bailiffs are sitting on cases referred to apply the new fees?

        Originally posted by bizzybob View Post
        Having seen a couple of threads on forums regarding existing debtors being threatened by bailiff companies like Jacobs and Bristow & Sutor in letters suggesting they will dragged in to the new regime if they don't settle up in full before April 6th; is ity worthwhile discussing possible courses of action affected debtors can pursue against them?

        The nub being that if they have the account now, they should apply the old fees or does it hinge on date they commenced enforcement, so sitting on an account passed ove, sending a letter then going in for the kill under the new regs, is lawful but moraly and ethically wrong/

        Thoughts folks!
        In most cases it would not be beneficial if goods (see cars) were to be removed.

        Currently the removal fee for HMCTS is £200 and for the majoirty of TMA is £210 (inc of VAT)

        As of the 6th of April is only £110 plus 7.5% of anything in excess of £1500.

        Also with TMA one can charge legally, within the right time scales, in excess of £420, if it reverts to the new rules it's only £320.
        The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

        A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

        A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.


        It's a dirty job, but someone got to do it!

        My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained
        • 1 thank

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        • #5
          Re: Is there evidence bailiffs are sitting on cases referred to apply the new fees?

          Originally posted by bizzybob View Post
          Having seen a couple of threads on forums regarding existing debtors being threatened by bailiff companies like Jacobs and Bristow & Sutor in letters suggesting they will dragged in to the new regime if they don't settle up in full before April 6th; is ity worthwhile discussing possible courses of action affected debtors can pursue against them?

          The nub being that if they have the account now, they should apply the old fees or does it hinge on date they commenced enforcement, so sitting on an account passed ove, sending a letter then going in for the kill under the new regs, is lawful but moraly and ethically wrong/

          Thoughts folks!
          Does the uncanny silence across the boards regarding new issues/cases not answer your question?

          I did like the last bit of you post-"morals & ethics" in connection to bailiffs LOL

          Its a pity the public don't share the same enthusiasm for "cowboy bailiffs" that they do for "cowboy builders" Mind you, if the MOJ don't care then we shouldn't blame the great British public in general for not caring.
          • 1 thank

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          • #6
            Re: Is there evidence bailiffs are sitting on cases referred to apply the new fees?

            They will when it affects them ST

            Comment

            • #7
              Re: Is there evidence bailiffs are sitting on cases referred to apply the new fees?

              And I have a feeling that many are in for a nasty shock over the next few weeks-The Easter Bank Holiday period should be especially interesting.

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