The Enforcement Act 2007 - April 2014 sees revolutionary changes to current Bailiff Law

The Enforcement Act 2007

April 2014 sees revolutionary changes to current Bailiff Law

This month we discuss the much talked about changes to Part 3 of the TCE Act 2007, expected to be enacted in April 2014.

There are several changes which will require close attention from enforcement agencies - there have also been a number of significant changes in ethos between the old law and the new Act and Regulations.

Here are some of the most notable changes.

Taking Control of Goods - This is the new term to replace 'levying' and the procedure has been simplified with only one stage to seizure and impound goods - there are also more methods included for 'taking control of goods'.

Notices - There will be a new requirement for bailiffs to provide successive notices to debtors as the enforcement process progresses - in essence the bailiff has a duty to keep the debtor informed at all stages of the process.  Failure to do so could result in making subsequent stages of the process invalid.  This will also add costs and take more time, something the enforcement agency will need to absorb.

Binding Effect of Warrants - This is already in place for county court bailiffs and HCEOs but will now apply to all bailiffs.  The binding effect begins either when a warrant is issued or when the enforcement notice is issued, depending on the debt involved - any form of assignment or transfer of goods will not prevent the bailiff from carrying out the enforcement.

Entry - Entry into a premises will only  be possible by the usual means of ingress - this would include doors, gates and similar entrances.  This does not include climbing through windows, climbing over walls, climbing over fences, lifting floorboards, climbing over a locked gate or barrier.

Clamping of Vehicles - For the first time this will be permitted by legislation - a Bailiff also now has the
power to secure goods on premises by locking them away in a room or cupboard or by securing the entire premises.

Goods - There is now a more detailed and comprehensive list of exempted goods, particularly for household goods and assets used for or by a sick or disabled person, which are now strictly protected from seizure.  'Tools of the trade’ now include items required by students, amongst others.

Third Party Claimants - If goods have been seized which belong to third parties, there now exists a formal court procedure for that person to register their claim and to seek a court order for the restoration of their property.

Valuation of Goods - Any goods that are removed from premises for storage or for sale, must be valued by the enforcement agent and a copy of the valuation must be provided to the debtor and any co-owner.

Sale of Goods - Goods can now be sold using a much wider range of methods, other than just public auction.  This should ultimately help as it will ensure that the best price possible is achieved.

These changes may allow enforcement agencies to charge higher fees for their work, but this is coupled by higher risk and an increased duty of care.

This may also require a greater level of training on behalf of the bailiff's as it will insist that due care is taken when following procedure, they will need to be accurate in their paperwork and possess a greater understanding of the law that governs their profession

Over the coming weeks we will release a full and detailed breakdown of the new changes due to take effect in April 2014 - we will also release updates as and when they are released.

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