CRAR fee regulations and council tax.

Post Reply
User avatar
Schedule 12
Posts: 13502
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

CRAR fee regulations and council tax.

Post by Schedule 12 » 31 Jan 2014 15:53

http://www.consumeractiongroup.co.uk/forum/showthread .php?414547-The-Taking-Control-of-Goods-(Fees)-Regulations-2014-released-today.&p=4458756#post4458756

A client was researching the statutory notices required for council tax enforcement and found the above thread and approached me for comment.

It seems the CAG forum members intend to apply the fee schedule prescribed for commercial rent arrears recovery to council tax enforcement. they all seemed rather confused whether the CRAR enforcement notice subverts regulation 33 and 23 of the Council Tax (administration and enforcement) Regulations 1992.

Schedule 13 of the Tribunals, Courts and Enforcement Act 2007 provides a list of repeals, 156 of them in all. none of them are related to council tax, court fines, high court enforcement or traffic debts.

The CRAR fee regulations are applicable to commercial arrears recovery as it says at the top of the imstrument, which means the statutory notice for the enforcement of council tax remains at 14 days- as does the prescribed fee schedule remain in tact.

Source legislation. http://www.legislation.gov.uk/uksi/2014 ... ction/made

I thought this worthy of a mention because another client of mine received a letter from bailiff company Excel Enforcement which recommended the consumer forums for bailiff advice and made a chilling enforcement by saying it gives "fairly accurate advice".

In this case, the letter claims (wrongly) the law allows bailiffs fees for collecting unpaid court fines when no distress has been executed.
You do not have the required permissions to view the files attached to this post.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

User avatar
Amy
Admin
Posts: 4118
Joined: 22 Jul 2012 22:47

Re: CRAR fee regulations and council tax.

Post by Amy » 31 Jan 2014 16:40

At the very least, I hope he's bought a spell checker and reads what he's written next time.

User avatar
Schedule 12
Posts: 13502
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

Re: CRAR fee regulations and council tax.

Post by Schedule 12 » 31 Jan 2014 17:01

I did see that and noticed someone had been busy with the yellow pen.

The debate about fees in connection with the execution of distress warrants apply when no distress has been executed is an old argument that was played out on the CAG forums some years ago. I did wonder where it originated.

Looks like now, the CAG forum wants to start another fees debate, the CRAR fee regs now apply to council tax. Fortunately I won't be joining that one, but I will enjoy reclaiming them all for clients if the bailiff companies want to believe that they read on there.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

Post Reply