Enforcement of a debt means the person you owe the money to has obtained a Court Order that requires you to pay the debt in full. The Court Order allows an Enforcement Agent to be instructed to recover the full sum owed and if you don't pay in full by a set date, any goods you own may be removed and sold at auction. Enforcement differs from debt collection and it is important you understand that your goods are at risk of being removed unless payment is received to prevent this.
An Enforcement Agent is Certificated by The County Court. Their role is to enforce unpaid Liability Orders and Warrants of Control, by removing a debtor's goods and selling them at auction to clear the debt owed. This is usually a last resort and an Enforcement Agent will only remove goods if they have been unable to agree payment of the debt.
The Act that we work under is The Tribunal Court and Enforcement (TCE) Act 2007, Part 3 Schedule 12
The regulations are:
Enforcement Agent fees are governed under legislation: Schedule 12 of the Tribunal, Courts and Enforcement Act 2007 and The Taking Control of Goods (Fees) Regulations 2014. The following fees apply in most cases but there may be more if your goods are removed and stored and then sold at auction.
£75.00 Compliance Fee. This is charged for every case as soon as the Local Authority instruct us to enforce your debt.
£235.00 Enforcement Fee plus 7.5% of all debts over £1,500.00. This fee will apply as soon as an Enforment Agent attends your address.
£110 Removal fee plus 7.5% of all debts over £1,500.00. This fee will apply as soon as the Enforment Agent calls a recovery vehicle or begins the process or removing your goods.
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These fees are set by the government, not by us, and apply to all enforcement companies.
You will usually incur a fee of £235.00 when an Enforcement Agent attends your address for the first time. This will increase by 7.5% if the total debt owed is more than £1,500.00. The sooner you contact us, the sooner we can agree payment with you, to prevent a visit from being needed.
No fees are charged by us for sending you a letter. When we are first instructed to enforce a debt we will send a Notice of Enforcment to you and this will show you have been charged a £75.00 Compliance Fee. This fee is applied to all debts as soon as an enforcement company is passed your case by the Local Authority, but is not charged for the letter being sent. Further details about enforcement fees can be found here.
The Enforcement Agent dealing with your case will be able to provide you with this information and paperwork will be issued to you confirming this if goods are removed. Newlyn PLC will only ever pass on the cost of the storage that is charged by the third-party storage company.
The Taking Control of Goods (Fees) Regulations allow for an auctioneer's commission of up to 15% of the sale price, plus reasonable out-of-pocket expenses and advertising costs to be charged and passed onto the debtor. These will be deducted from the proceeds of sale when your goods are sold.
No card fees are charged by Newlyn PLC. The only fees we charge are those allowed for in the legislation. Details of those fees can be found here.