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   Who Really are Bailiffs & Enforcement officers?


14 Mar 2008 02:21:36
| David


Bailiffs and enforcement officers are people authorised to remove and sell your possessions in order to pay the money you owe to a person or an organisation. They also conduct evictions, and arrest people.

County court bailiffs are employed by Her Majesty's Courts Service (HMCS), and are responsible for enforcing orders by recovering money owed under a county court judgment.They can seize and sell your goods to recover the amount of the debt. They can also effect and supervise the possession of the property and the return of goods under hire purchase agreements, and serve court documents.

Civilian enforcement officers (CEO's) Magistrates Courts are employed by HMCS and are responsible for enforcing county court orders by recovering money owed under a county court judgment. They can seize and sell your goods to recover the amount owed under a fine and community penalty notice. They can also execute warrants of arrest, commitment committal, detention and distress issued by by a Magistrates' Court under any one of a range of statutes, including those covering the enforcement of fines and community penalties. A CEO can execute such a warrant anywhere within England and Wales.

Enforcement officers (High Court) are responsible for enforcing court orders by recovering money owed under a High Court judgment, or a county court judgment transferred to the High Court. They can seize and sell your goods to cover the amount of the debt. They can also effect and supervise the possession of property and the return of goods.

Certificated bailiffs enforce a variety of debts on behalf of organisations such as local authorities. They can seize and sell your goods to cover the amount of the debt you owe. They also hold a certificate, which enables them, and them alone, to levy distress for rent, road traffic debts, council tax and non domestic rates. They cannot enforce the collection of money due under High Court or county court orders.

Non certificated bailiffs are entitled to recover the money owed for a variety of debts by seizing and selling your goods but cannot levy distress for rent, road traffic debts, council tax or non-domestic rates, or enforce the collection of money due under High Court or county court orders.

Bailiffs and enforcement officers recover the money you owe by seizeing and selling your goods to cover the amount of a debt and costs you owe. This is called levying distress. they may, initially, contact you by telephone or by letter to give you the opportunity to pay the debt. If you do not respond, or you do not agree to pay the debt, they will visit your premises to seize your goods but will not do so if you pay what is owed. You may be able to arrange to pay the debt by instalments. You can discuss this with them.

if they seize your goods, they may take them straightaway or leave them at your premises.

if they leave the goods with you, this is called walking possession. This means that unless you keep to the arrangement to pay, they have the right to return to your premises at any time to remove the goods and sell them at public auction. Once they have taken walking possession you cannot dispose of the goods seized until the warrant is withdrawn.

they will try to obtain the best price for your goods if they are selling them at public auction.This price includes the fees that they are entitled to charge, the cost of removing the goods and the cost of selling them.

It is important to remember that auction prices are usually lower than high street prices. The court may allow the goods seized to be sold privately rather than at public auction. This is called private treaty. You should seek advice to see if this will be possible.

County court bailiff fees charged by the county courts for using the bailiffs, will be added to the amount owed. Any additional costs for removing and selling goods will be added to the amount you owe too.

Civilian enforcement officers (CEO'S) Magistrates Courts are not allowed to charge you more than the amount you are fined. Any additional costs for removing and selling goods may be added to the amount you owe.

Enforcement officers (High Court) are entitled to charge fees and add them to the money you owe.

Certificated and non certificated bailiffs are entitled to charge fees and add them to the money you owe.

Certificated bailiffs collecting council tax, community charge, distress for rent, road traffic debts and non domestic rates, should leave a copy of the fee scales that they can charge with you when they visit your premises.

Bailiffs and enforcement officers are not allowed to charge you more than the amounts stated for that piece of work in the scale of fees.

There is no statutory scale of fees for bailiffs enforcing Magistrates' Courts fines. You can contact the Magistrates Court direct to ask if they have an agreed scale of fees that bailiffs can charge.



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