Re: Discussion on Payment direct to Council vs paying the bailiff fees
Sorry Ame this is incorrect.
When a debt is handed over to an enforcement agent ceases to be just the sum owed to the authority, and becomes the amount outstanding under the Schedule 12 procedure . (50(3))
Any payment received after that, is deemed to be as the result of the bailiff enforcing under an enforcement power, and therefore is credited against the amount outstanding. (sum due to the authority + fees).
Because proceeds of enforcement are split on a pro-rata basis, if the payment is less than the "total amount outstanding" , there will always be an amount due to the authority.
In short the bailiff will not be enforcing just for his fees, and the order or warrant will not be satisfied until the amount outstanding is paid in full.
The argument regarding direct payments and if they are transferred is irrelevant to this process.
It is quite possible for the authority not to transfer payments, they can be simply held in a suspense account until the end of the quarter or the end of the individual process. It is merely a matter of their accounting procedure, the pro-rata split will still take place and as above the order of the amount due to the authority will not be paid. If the sums are held the A will be notified.
Originally posted by Amethyst
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When a debt is handed over to an enforcement agent ceases to be just the sum owed to the authority, and becomes the amount outstanding under the Schedule 12 procedure . (50(3))
Any payment received after that, is deemed to be as the result of the bailiff enforcing under an enforcement power, and therefore is credited against the amount outstanding. (sum due to the authority + fees).
Because proceeds of enforcement are split on a pro-rata basis, if the payment is less than the "total amount outstanding" , there will always be an amount due to the authority.
In short the bailiff will not be enforcing just for his fees, and the order or warrant will not be satisfied until the amount outstanding is paid in full.
The argument regarding direct payments and if they are transferred is irrelevant to this process.
It is quite possible for the authority not to transfer payments, they can be simply held in a suspense account until the end of the quarter or the end of the individual process. It is merely a matter of their accounting procedure, the pro-rata split will still take place and as above the order of the amount due to the authority will not be paid. If the sums are held the A will be notified.
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