The debtor has a Blue Badge. He considers that he is vulnerable and should not need to provide any evidence. He says the council has to prove that he is not vulnerable. He believes the warrant to be invalid.
This Ombudsman's decision is an important one. If a local authority are satisfied that a debtor is considered vulnerable, they can use their discretion as to whether or not they will recall the debt from the bailiff.
Whenever new legislation is introduced by Parliament, a statutory notice called an Explanatory Memorandum will accompany the legislation.This page is about the Taking Control of Goods (Fees) Regulations Explanatory Memorandum and in particular, concerns Items 7.3 and 8.3.
We have introduced this Glossary to assist members of the public with understanding the terminology used under the Taking Control of Goods Regulations 2013. The Glossary is in alphabetical order and against each of the terms used, we have provided a short description and where applicable, a link to the relevant legislation etc.
The way in which debts can be enforcement by bailiffs was overhauled in 2014 with the introduction of the Taking Control of Goods Regulations 2014. Supporting legislation was also introduced at the same time to set the level of fees that can be charged etc. This page is an introduction to the Taking Control of Goods Regulations.
The Taking Control of Goods National Standards is a 'good practice' guidance released in 2014. Although the guidance it not legally binding, it is the governments intention that it should be used by all enforcement agents, the companies that employ them, local authorities, HM Courts and Tribunals etc. This page examines the National Standards in detail.
Unfortunately, with bailiff enforcement, there is a great deal of inaccurate and misleading information posted on the internet. We have therefore, introduced this page to explore (and correct) the most popular internet myths about bailiff enforcement.
Can Enforcement Agent fees be charged to a vulnerable person.......Can an Enforcement Agent decide vulnerability.......Can a Local Authority deduct bailiff fees from direct payments.......Should a Local Authority recall accounts in cases of vulnerability
The fees that can be charged by a bailiff/enforcement agent are set out in legislation under the Taking Control of Goods (Fees) Regulations 2014. On this page, you will see that we have provided a simple overview of each of the fees that may be charged, what the charge relates to and at which stage of enforcement the particular fee can be charged.
Under the Taking Control of Goods Regulations bailiffs/enforcement agents must use specific statutory notices when writing or visiting you. On this page of our website you will find a link to a PDF of each of the statutory notices. Against each of the statutory notices, you will see that we have also provided an explanation of the information that must by law be provided on the notices.