New regulations affecting the wording of the NORIROA

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Schedule 12
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New regulations affecting the wording of the NORIROA

Post by Schedule 12 » 26 Mar 2014 16:52

Paragraph 26 of Schedule 3 of the TCE Act 2007 looks set to cause problems for bailiffs collecting court fines, un certificated bailiffs and enforcement agents working for HCEOs.

The regulations from April 06 say:

26(1)The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of—
(a)his identity, and

(b)his authority to enter the premises.

(2)The request may be made before the enforcement agent enters the premises or while he is there.

A bailiff collecting court fines do not carry a certificate which is evidence of his authority to enter premises. A distress warrant is into authority to levy distress, and a forged distress warrant is insufficient proof of identity or authority to do anything.

An enforcement agent working under an HCEO has no authority to enter a premises.

Does anyone have any thoughts on this? And anything else the NORIROA and it's letter should make in addition to sending evidence of ID and evidence of his authority to enter premises?
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.


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