Enforcement

Provided by Credit Today

For all the government’s talk of cutting red tape, enforcement reforms remain the big elephant in the room. A change of government last year added further confusion to the terms of the Tribunals, Courts and Enforcement (TCE) Act.

To compound the problem the Ministry of Justice (MoJ) is now attempting to implement reforms to parts three and four of the TCE Act against a backdrop of cuts to both funding and staff. Already there are murmurs from some parts of the enforcement industry that it is difficult to build relationships when the faces across the table keep changing.

Whatever the change in personnel, the issues facing both sides are plentiful and will not go away by themselves. Debate on fee structure has been ongoing but it seems only now have calls for an evaluation of the fee structure finally been heeded. Regulation however, appears to be an issue that will run and run, and a clear definition of an “aggressive” bailiff looks to be something that will be fought over for longer than an actual solution to the problem.

That should give the industry a good idea of where things are with the TCE Act in legislation terms by the middle of
2012. Not ideal, but many will simply be glad of a resolution and an end to the saga. Also of interest will be whispers from the MoJ of aligning county court enforcement with criminal court enforcement, which could mean changes to the way enforcement agents operate. Enforcement firms will have noted that the value of High Court judgments against both consumers and businesses rocketed in 2010 but the number of judgments issued fell. Against this backdrop, fewer agents will be competing for higher debts.

The government would do well to make its position clear, then the industry can put both feet in the present.

Download the report to find out about:

  • The enforcement saga

The long-running drama of the Tribunals, Courts and Enforcement Act 2007 has had as many twists as a stage thriller. Harvey Jones wonders when it will end.

  • Head to head

UK local authorities are owed £530m in unpaid council tax. Colin Naylor and Phil Robinson consider whether councils are doing enough to recover their rates

  • Knocking at the door

Enforcement officers have two customers: the client and the debtor. They need confidence and backing if they are to serve them both, says Alan Wood.

  • Popularity contest

Bailiffs will never be regarded as highly as nurses and fire fighters, argues Steve Everson, but new regulations and positive promotion could boost their reputation

Credit Today would like to thank Newlyn Plc for sponsoring the supplement

 

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