Warning of notice of enforcement

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Joined: 10 Aug 2017 21:58

Warning of notice of enforcement

Post by Sk2017 » 10 Aug 2017 22:37

If you have received a warning of notice of enforcement notice and been charged the compliance fee of £75 at this point but then not send the statutory notice of enforcement to some time later, can a bailiff or a council do this?The legislations referred to three specific stages; compliance, enforcement and sales of goods.There nothing about a pre stage before compliance,is this a grey area or someone attempting to charge fees not in accordance with the law.Could activities included in the compliance stage include this warning notice.Not at this warning stage has the case been assigned to a enforcement agent. Can a debtor refuse to pay the £75 as they not been issued with the statutory notice of enforcement? Is not the same as a enforcement agent charging for activities they have not done? Fraud? Any caseload on this??

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Schedule 12
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Re: Warning of notice of enforcement

Post by Schedule 12 » 12 Aug 2017 10:05

Case law is only needed when legislation is silent.

In your case, the law decides the fee does not apply unless the warning notice complies with regulation 7 of the Taking Control of Goods Regulations 2013 which sets the required content of a Notice.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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