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.


Media stories

ESA is very concerned that it has been quoted in two recent stories in the Daily Mail and Daily telegraph. We would confirm that no official quotes have been given to either publication, and that we do not recognise the statistics referred to in the articles. We are concerned that the two journalists concerned do not appear to have done their research thoroughly on an important subject


NOS Consultation response

We are pleased to confirm that, after a great deal of work from the sector representatives, the Enforcement Agents Suite of NOS is now available for Industry Wide Consultation on the Skills for Security website. You can access the consultation at the following address: http://www.skillsforsecurity.org.uk/index.php/help/35/40 We would urge all members to view and respond to the consultation direct. If you would prefer not to but would like to have a point made, then please let us know and we will respond on your behalf. The closing date for responses is the 7th January 2011. 0A


Merger with ACEA

On 26th January 2011 the members of both the Enforcement Services Association (ESA) and the Association of Civil Enforcement Agencies (ACEA) voted overwhelmingly in favour of a merger into one association. The new association will be called the Civil Enforcement Association. However, until the administrative procedures have been completed for the new association, both ESA and ACEA will continue to run in parallel under a single management structure.


Bolton Parking Case

On 22nd June 2011 his Honour Judge Holman, sitting at Bolton County Court, nailed the twin myths that warrants of execution from the Traffic Enforcement Centre were invalid if they were not issued to an enforcement company in paper format by the relevant authority and/or that a copy of the warrant was not produced upon demand by the debtor. The cottage industry that has been building up upon these two spurious contentions has finally been shown to be giving false hope and ill-informed advice to those foolish enough to support it financially. It is, however, unfortunate that the defendant in this particular case is likely to pay a high financial penalty through poor advice from those seeking to profit from his misfortune and enhance their own business interests. 0A

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1st Class Bailiffs Ltd - Member Type: (Corporate)
P O Box 58
Darlington

DL1 9AE
T :- 0844 484 1450
F :- 0870 135 8080
E :- sales@enforcementofficers.co.uk
W :- www.enforcementofficers.co.uk



B & S Bailiff Services - Member Type: (Corporate)
200 High Street
Blackwood
Gwent
NP2 1AJ
T :- 01495 221010
F :- 01495 230130
E :-
W :-



Birchalls Limited - Member Type: (Corporate)
53 Northampton Road
Market Harborough
Leicestershire
LE16 9HB
T :- 01858 410281
F :- 01858 461799
E :- info@birchalls.co.uk
W :- www.birchalls.co.uk



Bradley, Nick (MESA) - Member Type: (Private)
c/o Philips Collection Services
PO Box 152
Darlington, Co. Durham
DL3 9WT
T :- 01325 387400
F :- 01325 383887
E :- info@philips.org.uk
W :-



Bristow & Sutor - Member Type: (Corporate)
Bartleet Road
Washford
Redditch, Worcestershire
B98 0FL
T :- 0871 677 0071
F :- 0871 677 0072
E :- enquiries@bristowsutor.co.uk
W :- www.bristowsutor.co.uk



Burlington Credit Ltd - Member Type: (Corporate)
Coliseum Business Centre
Riverside Way
Camberley
GU15 3YL
T :- 0845 520 2000
F :- 0845 520 3000
E :- mail@burlingtoncredit.co.uk
W :- burlingtoncredit.co.uk



Chandlers Ltd - Member Type: (Corporate)
Chandlers House
2 Southlands Road
Bromley, Kent
BR2 9QP
T :- 0208 290 0866
F :- 0208 290 0868
E :- info@chandlers.ltd.uk
W :- www.chandlers.ltd.uk



Cohen, James (MESA) - Member Type: (Private)
c/o Revenue Services Ltd
Ground Floor, Unit 1B
Bonville Trading Estate
Bristol BS4 5QU
T :- 0117 904 0370
F :- 0117 907 2974
E :- james@revenues.fsnet.co.uk
W :-



D G Collection Services Ltd - Member Type: (Corporate)
Richmond House
Avonmouth Way
Bristol
BS11 8DE
T :- 0117 938 1424
F :- 05601 275057
E :- dgcollection@btconnect.com
W :-



Dolan, Stephen (MESA) - Member Type: (Private)
Broadsearch Detective Investigations Ltd
The Gables, 91 Lutterworth Road
Leicester
LE2 8PL
T :- 0116 223 7077
F :- 0116 223 7078
E :- info@bdi.uk.com
W :-



Dorman & Co (Certificated Bailiffs) Ltd - Member Type: (Corporate)
97 Oakleigh Avenue
Burnt Oak, Edgware
Middlesex
HA8 5DS
T :- 0208 951 4909
F :- 0208 951 4927
E :-
W :-



Dukes Bailiffs Ltd - Member Type: (Corporate)
Dukes Court
8 Newcastle Street
Stone, Staffs.
ST15 8JT
T :- 0844 880 9808
F :- 0870 051 3059
E :- info@dukeslimited.co.uk
W :- www.dukeslimited.co.uk



Elliott, Dean Raymond (MESA) - Member Type: (Private)
57 Main Street
Newtown Linford
Leicestershire
LE6 0AE
T :- 01530 245301
F :- 01530 245302
E :- dean.elliotts@ic24.net
W :-



Equita Ltd - Member Type: (Corporate)
42-44 Henry Street

Northampton
NN1 4BZ
T :- 01604 258 489/490
F :- 01604 633 489
E :- info@equita.co.uk
W :- www.equita.co.uk



Excel Civil Enforcement Ltd - Member Type: (Corporate)
9 Conway Road
Colwyn Bay

LL29 7NT
T :- 01492 531345
F :- 01492 534289
E :- info@excel-enforcement.co.uk
W :- excel-enforcement.co.uk



Goodwillie & Corcoran - Member Type: (Corporate)
Shaftesbury House
20 Tylney Road
Bromley, Kent
BR1 2RL
T :- 0208 466 9111
F :- 0208 466 9222
E :- info@gandc.net
W :- www.gandc.net



Grosvenor Legal Services Ltd - Member Type: (Corporate)
4 Rotherside Court, Rotherside Road
Eckington Business Park
Sheffield
S21 4HL
T :- 01246 439888
F :- 01246 436085
E :- admin@grosvenorservices.co.uk
W :- www.grosvenorservices.co.uk



Heims, Peter (FESA) - Member Type: (Private)
c/o Peter A Heims Ltd
24 Brunswick Grove
Cobham, Surrey
KT11 1HP
T :- 01932 864822
F :- 01932 864802
E :- peter@peterheims.com
W :-



Hinton, Nina (MESA) - Member Type: (Private)
c/o R & N Enforcement Services Ltd
P.O. Box 14451
Halesowen, West Midlands
B62 2FB
T :- 07912 142859
F :- 0121 602 6392
E :- rnes.ltd@blueyonder.co.uk
W :-



Howes Bailiffs Ltd - Member Type: (Corporate)
P O Box 285
Beckenham
Kent
BR3 4XY
T :- 0208 650 9171
F :- 0208 650 6623
E :- lisalombardo1@aol.com
W :-



Jacobs - Member Type: (Corporate)
4 Europa Boulevard
Birkenhead
Merseyside
CH41 4PE
T :- 0151 650 4900
F :- 0151 650 4999
E :- info@jacobsbailiffs.co.uk
W :- www.jacobsbailiffs.co.uk



JBW Group Ltd - Member Type: (Corporate)
P O Box 50218

London
EC2A 3WR
T :- 0870 855 3560
F :- 0870 855 3561
E :- j.waller@jbw.co.uk
W :- www.jbw.co.uk



Jones, Howard (MESA) - Member Type: (Private)
Phoenix Commercial Collections Ltd
Coniston Suite, Paragon House, Paragon Business Centre
Chorley New Road, Horwich, Bolton
BL6 6HG
T :- 01204 664068
F :- 0704 4701113
E :- h@phoenixcommercial.co.uk
W :-



Kent Bailiff & Enforcement Services - Member Type: (Corporate)
P O Box 399
42 Wilfred Road
Ramsgate Kent
CT11 7RA
T :- 07528 718197
F :-
E :- enquiries@kentbailiffservices.co.uk
W :- kentbailiffservices.co.uk



M A Julious & Co Ltd - Member Type: (Corporate)
Apex House
Mosley Street
Nottingham
NG7 7FQ
T :- 0870 990 3015
F :- 0870 990 3016
E :- info@julious.co.uk
W :- www.julious.co.uk



Mackay, Andrew J (MESA) - Member Type: (Private)
c/o Andrew James Enforcement Ltd
Latheron Chambers, 41 Mansel Street
Swansea
SA1 5SW
T :- 01792 645544
F :- 01792 646655
E :- andrew@ajenforce.co.uk
W :-



Minney, Barrie (MESA) - Member Type: (Private)
c/o Brighton & Hove City Council
Priory House, PO Box 2929
Brighton
BN1 1PS
T :- 01273 291876
F :-
E :- barrie.minney@brighton-hove.gov.uk
W :-



Naylor, Colin (MESA) - Member Type: (Private)
c/o Dukes Bailiffs Ltd
15 Whitebridge House, Whitebridge Estate
Stone, Staffordshire
ST15 8LQ
T :- 01785 817888
F :- 01785 817872
E :- colin@dukeslimited.co.uk
W :-



Philips Collection Services Ltd - Member Type: (Corporate)
P O Box 152
Darlington
co. Durham
DL3 9WT
T :- 01325 384394
F :- 01325 383887
E :- info@philips.org.uk
W :- philips.org.uk



Regional Collection Services - Member Type: (Corporate)
44 West Sunniside
Sunderland
Tyne & wear
SR1 1BA
T :- 0191 567 6749
F :- 0191 510 9170
E :- robert.neil@rcs.org.uk
W :- www.rcs.org.uk



Rossendales Ltd - Member Type: (Corporate)
Wavell House
Holcombe Road
Helmshore,Rossendale
BB4 4NB
T :- 01706 830323
F :- 01706 831126
E :- info@rossendales.com
W :- www.rossendales.com



Shepherd, Anthony D (MESA) - Member Type: (Private)
c/o A D Shepherd & Son
P O Box 346
Bury
BL8 2UR
T :- 0161 763 5101 - 07860 738240/07971 405110 (mobile)
F :- 0161 762 9183
E :- bailiff@btconnect.com
W :-



Simcox, Daren (MESA) - Member Type: (Private)
c/o Marstons Group Ltd
Bridgman House, Sun Street
Waltham Abbey, Essex
EN9 1EL
T :- 01992 703 750
F :- 01992 703 703
E :- daren.simcox@marstongroup.co.uk
W :-



Southern Independent Auctions Ltd - Member Type: (Corporate)
Regal House
The Hyde Business Park
Lower Bevendean, Brighton
BN2 4JE
T :- 01273 696545
F :- 01273 624347
E :- joseph@sia-group.co.uk
W :- www.s-i-a.co.uk



Swift Credit Services Ltd - Member Type: (Corporate)
2 Penydarren Road
Merthyr Tydfil
Mid Glamorgan
CF47 9AH
T :- 0870 000 6222
F :- 0870 000 6210
E :- swift@swiftcredit.co.uk
W :- www.swiftcredit.co.uk



Whalley, Rod (MESA) - Member Type: (Private)
c/o CER (UK) Limited
Bourne House, 475 Godstone Road
Whyteleafe, Surrey
CR3 0BL
T :- 01883 621077
F :- 01883 621079
E :- riw@ceruk.co.uk
W :-



Whyte & Co - Member Type: (Corporate)
7 White Oak Square
Swanley
Kent
BR8 7AG
T :- 0845 458 9429
F :- 0845 458 9439
E :- info@whyte.co.uk
W :- www.whyte.co.uk



Wilson, Andrew J - Member Type: (Private)
c/o NBS Northern Ltd
26 Missouri Avenue
Salford, Manchester
M50 2NP
T :- 0161 925 1800
F :- 0161 925 1801
E :- andrew.wilson@northernsheriffs.co.uk
W :-