HMCS Consults on Regulations -

Her Majesty's Court Service (HMCS) has begun the consultation exercise which should eventually lead to the regulation of enforcement agents. Following the passing of the Tribunals Courts and Enforcement Act 2007 HMCS is now consulting with stakeholders, including the ESA, in order to take forward the process of creating regulations. The Association, in speaking to officials, has voiced concern over a number of issues including the up-front fee, the proposed three month time limit for taking control of goods, forced entry, the sale of goods following seizure and the use of the Security Industry Authority as a regulatory body. HMCS has indicated its willingness to listen to stakeholders' concerns and the Association is hopeful that, whatever the final outcome may be, it provides a system which is beneficial to creditors and debtors as well as enforcement agents.


HMCS - New Fee Structure

After what seems an age HMCS and the Ministry of Justice have begun work on introducing new regulations for enforcement agents following the passing of the Tribunals Courts and Enforcement Act 2007. HMCS has sent out forms (known as Requests for Information (RFIs)) to bailiff firms requesting information on the work they do, how much it costs them and the charges made for carrying out such work. The purpose of the information gathered from the forms is to provide material to enable HMCS to formulate a fee structure for enforcement. Ideally, this will be a clear, simple to understand system which will remove many of the current anomalies in the present fee structure. HMCS will subsequently publish a formal consultation paper setting out its proposals and asking for comments. In addition to the form, the ESA and ACEA have jointly submitted a paper setting out comprehensive details of a fee structure which we believe will satisfy the main concerns of government. Rather than making a charge for each individual act, the paper puts forward a scheme for charging a fixed fee for groups of actions which should ensure a) that the bailiff is fairly remunerated and b) that debtors are absolutely clear as to what they will have to pay and the reasons they are paying it. The paper has been endorsed by the BPA.


Ministerial Statement - TCE Act 2007

Ministers have made an announcement following the review of Parts 3 & 4 of the Tribunals Courts and Enforcement Act 2007. In written statements presented to both Houses of Parliament Ministers said that they had decided not to implement Part 4 of the Act but have decided to implement Part 3 save for those provisions which would have extended bailiffs' powers of entry. Three specific measures will be initiated shortly including the creation of an on-line bailiff certification register and the inclusion of CRB checks as part of the application process for certification. The third measure; minimum training requirements and competences for bailiffs, awaits further details. Ministers state that the intention is to implement "full independent regulation" by 2012 but with a General Election due to take place in 2010 it remains to be seen whether or not such regulation ever takes place.


Certificated Bailiffs Online Register

The Certificated Bailiff Register, recently published on Her Majesty's Court Service (HMCS) website, contains a large number of errors and omissions, despite the full co-operation of our members in providing up to date information. We are very disappointed that such a public register is not completely accurate and reliable. The Enforcement Services Association has reluctantly come to the conclusion that no one, whether they be member of the public, professional or volunteer adviser or anyone working in the sector, should rely on the register to check whether or not a bailiff is certificated. Despite the inadequacy of the HMCS register we remain committed to assisting the Government in the provision of accurate and up to date information on the sector.

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Complaints

Although the Association is not primarily a forum for resolving disputes it is concerned about the reputation of its members and the industry in general and investigates complaints under its disciplinary procedure

Please note the ESA cannot deal with complaints:

  • unless the complainant has previously attempted to resolve the matter with the member concerned;
  • unless they are received in writing;
  • if the enforcement agent or agency are not members of the ESA;
  • about the validity of the warrant or order made by a court or the sum (not fees) due under it;
  • where the complaint concerns an allegation of violence (you should refer any such allegation to the police);
  • where the complaint is being dealt with by a court

How to Complain

Complaints should be made on the Association’s complaint form which can be obtained from The Executive Director, Enforcement Services Association, Park House, 10 Park Street, Bristol BS1 5HX Tel: 0870 3007255. Or you may download a copy in PDF on link below:

Click HERE to Download the Complaints Form !

Our form requires Adobe Acrobat reader to be viewed

The form must be completed as fully as possible and accompanied by copies of all relevant documents and sent to the Executive Director (we cannot accept this form by e-mail). You should retain a copy of the form for your own record.

What Happens Next?

Your complaint will be investigated by the Association’s Executive Director who has no past or present commercial connection with any member. The Executive Director will request information from the member concerned regarding the matters raised in the complaint. The member must respond within 14 days. Based upon the information received, the Executive Director will write to you within 21 days of receiving your complaint. The letter will advise you either that:

1. The Executive Director believes your complaint has merit in which case it will be further considered by the Executive Council,

or

2. Your complaint appears to have no grounds on which to take further action against the member in which case no further action will be taken.

If your complaint is heard by the Executive Council, it will reach a decision which may involve imposing a penalty on the member, or it may dismiss the complaint as unfounded.

Appeals

If you are dissatisfied with the decision you receive, you may apply for the complaint to be referred to a panel of Independent Assessors. The Panel’s decision is final and will be binding on both parties.

Please note that the Association’s Complaints Procedure does not affect your statutory rights.