Update on bailiff reforms from 6 April
Apr 2, 2014
As D-Day approaches for the introduction of the new bailiff reforms, we wanted to keep you informed about some of the changes you will notice, particularly in our attendance and progress reports.
Here are a few examples:
- Writs of Fieri Facias (Fi Fa) are being replaced by the Writ of Control.
- The Walking Possession Agreement is being replaced by the Control Goods Agreement (CGA).
- The defendant will be referred to as the debtor.
- Enforcement Officers will be referred to as Enforcement Agents
In addition, you will need to be aware that under the new legislation there is no provision for HCEOs to charge the debtor for collecting instalments. We therefore anticipate fewer low payment arrangements being collected across the High Court Enforcement industry.
As a counter to this you will notice that we will be adopting an even more robust approach on the initial visit to the debtor's premises in order to collect the total amount owed.
There may be situations where we feel the best solution is to take a sizeable part payment eg £1000 on a £3000 debt and enter into a CGA to secure the remaining balance. However, if the debtor then defaults, we are required to give the debtor two further clear days written notice (excluding bank holidays and Sundays) before we can re-attend to continue with enforcement action. This notice can only be served either in person or electronically.
You will appreciate that the above notice period, and the initial seven clear days written notice (as previously advised) will have a knock on effect on the speed at which we are able to make our attendances.
During the changeover if you are unsure of anything or experience any unexpected delays please do get in touch.
Likewise, if you have any questions about the reforms and how the changes may affect you please contact 0161 925 1800 to speak to one of our High Court Enforcement Officers.