The Taking Control of Goods (Fees) Regulations 2014
This is the second set of Regulations which form part of the Government's package of reforms to bailiff laws. The first set of Regulations; The Taking Control of Goods Regulations 2013 sets out the procedure that enforcement agents / bailiffs must follow when taking control of goods and were laid in Parliament on 30th July last year.
The Ministry of Justice confirmed today that the third and final set of Regulations will follow shortly and will focus on the requirements an individual must meet before they are granted a certificate to work as an enforcement agent/bailiff. All three sets of regulations are due to be implemented on the 6th April 2014.
The series follows each case as it unfolds, from the moment the teams arrive, through the often highly charged first encounter with the debtor, to the moment the job is done, recording the thoughts and feelings on both sides, the process of repossession and the impact it has on all involved. The result is a visceral insight into one of the biggest issues in Credit Crunch Britain today.
A copy of The Taking Control of Goods (Fees) Regulations 2014 can be accessed below:
County courts (non-family)
The civil cases dealt with by the county courts (excluding family cases) typically relate to debt, the repossession of property, personal injury and insolvency. Since 2006, the total number of claims issued has generally followed a downward trend, while the number of defences made and trials/small claim hearings have remained relatively flat.
Key points for 2010
Some 1,617,000 civil (non-family) cases started in 2010, a fall of 14 percent compared to 2009, continuing the general downward trend seen since 2006.
The fall in 2010, compared to 2009, was mainly due to decreases in specified money claims (typically related to debt issues) of 19 per cent, insolvency petitions of 14 per cent, and repossession claims of nine per cent, and was despite a six per cent increase in the number of unspecified money claims (typically related to personal injury).
There were 291,000 defences made in 2010, an eight per cent decrease on the previous year and the lowest since 2006.
Defended cases which are not settled or withdrawn generally result in a hearing or trial. In total there were 63,000 trials and small claims hearings in 2010, a fall of seven per cent from 2009 and lower than in each of the three previous years (from 2006 to 2008). On average small claim hearings occurred 31 weeks after the claim was originally made, the same as in 2009. Trials took place an average 50 weeks after the claim was originally made, up from 48 weeks in 2008 and 2009.
There were 447,000 applications for enforcement in 2010 (of which 279,000 were for warrants and the remainder for orders such as for attachment of earnings which oblige the debtor's employer to deduct a set sum from the debtor's pay and forward it to the court). This was a decrease of 24 per cent compared with 2009 and of 37 per cent compared with 2008. These falls reflect the large falls in claims issued for a specified amount of money and repossession of property and also the large increases in court fees for enforcement applications since 13 July 2009.
54,000 repossessions of property were made by county court bailiffs, a fall of 14 per cent on the previous year.
High Court - Chancery and Queen's Bench Divisions
In England and Wales civil justice is administered mainly by the High Court and county courts. It is divided into three main Divisions: the Chancery Division, the Queen's Bench Division and the Family Division. The Chancery Division and Queen's Bench Division of the High Court handle the more substantial and complex cases relating to such matters.
Key points for 2010
There were 31,300 proceedings started in the High Court's Chancery Division in 2010, a decrease of 24 per cent from 41,000 in 2009. Applications filed at the Bankruptcy court decreased by 39 per cent, from 18,200 in 2009 to 11,100 in 2010, while 13,700 proceedings started in the Companies Court in 2010, a fall of a third on the previous year.
There were 16,600 proceedings started in the High Court's Queen's Bench Division in 2010, a decrease of 11 per cent on 2009.
Of the 4,900 claims issued in the Queen's Bench Division at the Royal Courts of Justice in London, a quarter related to debt and around one in five was personal injury actions. repossession claims. 24,000 of the properties were on behalf of mortgage lenders, 27 per cent fewer than in 2009 and 34 per cent lower than the 2008 peak.