Direct Payments - According to Sheila and Peter...

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Schedule 12
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Direct Payments - According to Sheila and Peter...

Post by Schedule 12 » 22 May 2017 16:43

JimUk1 wrote:
22 May 2017 15:04

I Laughed out loud when that bailiff advice character said that the Taking Control of Goods Regulations stand alone.

She's gotten herself into yet another flame war on the CAG board. The Hereford template she referred to is R v Hereford and Worcester Magistrates Court ex parte MacRae (1999). She clearly doesn't know it no longer applies because of Section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. HMCTS stopped using it long ago when Marston lost a claim for enforcement of fees by threatening a locksmith.

As for the rest of her advice, she provided no source legislation to back it up. It's all theory and fiction. As for Channel 4, they have their own lawyers that decide to green-light a client's property or car to be put under surveillance.
That contract specifically provides that once a warrant had been issued, and passed to one of the above four companies that HMCTS.........will not accept direct payments and to do so, would be a a specific breach by HMCTS of their own contract.
That is also wrong advice. The contact is not binding on debtors. The contracting parties are the bailiff company and HMCTS. The law does not prevent HMCTS receiving money in discharge of a sum adjudged. In fact, CPR 52.3 obligated HMCTS to give a receipt. The RETMAR letter is to appease the bailiff companies to protect their commercial interests. Nothing in CPR 52 or Schedule 12 revives a warrant after it ceases under Paragraph 6(3)(a) of schedule 12.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.


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