The #TeamCES Two Minute Guide to: ‘Dealing with Illegal and Unauthorised Encampments’

The #TeamCES Two Minute Guide to: ‘Dealing with Illegal and Unauthorised Encampments’

What powers do people have?

Councils, the police and landowners have robust powers to clamp down on illegal and unauthorised encampments quickly. This comes as part of the government’s commitment to protecting the nation’s green spaces. Communities and individuals can face huge problems through illegal occupation of land, but there are now extensive powers which can help address the issue.

Some of the powers available to local authorities are listed here.

· Temporary Stop Notice

A TSO stops any activity that breaches planning control for a period of 28 days, allowing the local planning authority time to decide whether further enforcement action is needed.

· Injunctions to protect land from unauthorised encampments

Local authorities can apply to the courts for a pre-emptive injunction preventing unauthorised camping (and/or protests) in a defined geographical area. This is useful when it is suspected that an area may be vulnerable to such activity.

· Licensing of caravan sites

The Caravan and Control of Development Act 1960 prohibits the use of land as a caravan site unless the occupier holds a site licence issued by the local authority.

· Tent site licence

Section 269 of the Public Health Act 1936 gives the local authority powers to control the use of movable dwellings and to license the use of land as a site for such as a dwelling.

· Possession Orders

See The #TeamCES Two Minute Guide to: Possession Orders

Other powers include local byelaws, local authority powers to direct any unauthorised campers to leave land, powers to remove any encampments which obstruct the Public Highway or which may be in contravention to Planning Laws, Stop Notices, Breach of Condition Notices and Powers of Entry onto Land.

The police have other powers, including the power to direct unauthorised campers to leave land, to direct trespassers to an alternative site and to deal with the offence of squatting in a residential building.

Full Information on ‘Dealing with Illegal and Unauthorised Encampments’ is available at:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/418139/150326_Dealing_with_illegal_and_unauthorised_encampments_-_final.pdf

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The #TeamCES Two Minute Guide to:Enforcement Powers on Unauthorised Encampments – ‘Common Law’

The #TeamCES Two Minute Guide to:Enforcement Powers on Unauthorised Encampments – ‘Common Law’

Due to the impact it can have on local communities and landowners, unauthorised encampment must be dealt with swiftly and effectively. This begins with knowing exactly who has which specific powers to act.

Common Law Powers

All landowners can use their common law rights to recover land by evicting an individual, to seek damages for their trespass on their land, and to seek an injunction to prevent the trespass from occurring again. Trespassers may request to leave peaceably before being forcibly removed, although a trespasser who has entered land with force and violence may be removed without this request.

What if they don’t leave?

The possessor of the land may use ‘no more force than is reasonably necessary’ to evict him or her, and private bailiffs may be used to carry out the eviction.

What is reasonable force?

This is a question of fact to be decided in each individual case, however it must be an honestly held belief that in the particular circumstances the force that is used is reasonable, rather than excessive, as use of excessive force could give rise to a claim against the landowner by the trespassers.

Who should you tell?

The police should be notified of the intentions to enforce eviction, so that police officers can be present to prevent any breach of the peace.

Full Information on Enforcement Powers on Unauthorised Encampments – ‘Common Law’ is available at:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/7837/143582.pdf

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The #TeamCES Two Minute Guide to:‘Possession Claims’

The #TeamCES Two Minute Guide to:‘Possession Claims’

What is a Possession Claim?

A ‘Possession Claim’ means a claim for the recovery of possession of land. This includes buildings or parts of buildings. ‘A Possession Claim Against Trespassers’ is a claim for the recovery of land, which the claimant alleges to be occupied by trespassers. This doesn’t include claims against tenants or sub tenants, irrespective of whether a tenancy has been terminated or not.

Who can bring a Possession Claim?

A landlord, mortgagee or licensor (current or former) can bring a possession claim, as can a land owner against trespassers, or in some cases, a tenant seeking relief from forfeiture.

How do you start the Possession Claim?

The claimant can make the claim at any County Court hearing centre, where it will be sent to the relevant hearing centre for the address of the claim. If the claimant does not know who is in occupation or the possession of the land (as is often the case with trespassers) the claim can be brought against ‘persons unknown’.

What happens next?

The court will set a date for the hearing. Any trespassers must be served with the claim form, along with any witness statements. For residential property, this should be no less than 5 days before the hearing date, and for any other land, this should be no less than 2 days before the hearing date. The hearing date will be not less than 28 days, and not more than 8 weeks from the date of the issue form.

How are the forms served against trespassers?

By attaching copies of the claim form to the main door or some other clearly visible part of the land, and by inserting copies of the documents in a sealed transparent envelope through the letterbox.

Does the defendant need to respond?

The short answer is ‘no’…

What happens at the hearing?

The court may decide the claim or give case management directions. If the defendant has agreed to attend, they may wish to put forward their case or seek an adjournment.

Full Information on ‘Possession Claims’ is available at:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55

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The #TeamCES Two Minute Guide to:Enforcement Powers on Unauthorised Encampments – ‘Powers Available

The #TeamCES Two Minute Guide to:Enforcement Powers on Unauthorised Encampments – ‘Powers Available

Where Common Law proves to be unsuccessful in achieving an eviction of known trespassers or ‘persons unknown’, other powers are available, including:

Part 55 Civil Procedures Rules

These can only be used by the landowner to regain possession of land. This process requires civil court procedure and is enforced by bailiffs. They provide no sanction against the return of trespassers onto land.

Sections 77-78 Criminal Justice and Public Order Act 1994

These can only be used by a local authority on any land within the local authority’s area, irrespective of ownership. Used to remove identified individuals from the land and only requires the involvement of the courts when trespassers do not leave after being directed to. Possession is enforced by local authority officers or private bailiffs employed by the local authority. Any return of unauthorised campers to the location within three months carries criminal sanctions.

Sections 61-62 Criminal Justice and Public Order Act 1994

These can only be used by the police on any land except the highway. Used to remove identified individuals and/or their vehicles from land. There must be two or more persons trespassing on the land before the power can be used and this does not require the involvement of the courts. Possession is enforced by the police and the return of unauthorised campers to the location within three months carries criminal sanctions.

Section 62A-E Criminal Justice and Public Order Act 1994

These can only be used by the police on any land, but only when an alternative site is available. Used to remove identified individuals and/or their vehicles from land. There must be two or more persons trespassing on the land before the power can be used and this does not require the involvement of the courts. Possession is enforced by the police and the return of unauthorised campers to the location within three months carries criminal sanctions.

Full Information on Enforcement Powers on Unauthorised Encampments – ‘Powers Available’ is available at:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/7837/143582.pdf

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Who needs Neo from the Matrix when we have Ryan the Apprentice……

Who needs Neo from the Matrix when we have Ryan the Apprentice……

Someone else who has a successful career ahead of them is Ryan. At just 18 years old, our Accounts Apprentice came to us fresh from college, where he had just passed his Level 3 course in accounting.

Not quite family, but Ryan knows one of the ladies in our office, Officer Manager Christine, and jumped at the opportunity to come into #TeamCES for a four day a week apprenticeship.

Ryan has only been here for five months, but his first impressions of the place were…

“It’s a really good team. Everyone is tight together and I’ve found it really easy to settle in.”

That’s great to hear, but we have to return the compliment and say that Ryan is great to have around too. At just 18, it’s remarkable to see how well he is doing in his new role.

Ryan is based in the office as part of the accounts team, where he says that Michelle and Lyndsay have been really supportive of him, teaching him a lot about his role and responsibilities.

Considering that this opportunity came up out of nowhere, is Ryan pleased that he grabbed it with both hands?

“I’m so happy I did. It’s so much more interesting for me from an external point of view to work in industry, and I’m learning so much more here than I ever could behind a desk.”

As Ryan was about to move onto his Level 4 in Accountancy, he needed to find an apprenticeship, and although he was offered several roles with accountants, he chose #TeamCES for the challenge and because ‘something different’ appealed to him.

We’re so glad he took that opportunity too, as he’s already contributing massively, working here four days a week and attending college once a week. A great work ethic for one so young.

Ryan is especially grateful to Gareth, who he says has

”…let me loose. Despite having little experience, he hasn’t held me back and he’s encouraged me to get on with it and apply what I know to the industry.”

We might not have ‘let him loose’ just yet, but we’ve certainly given him the confidence to work without someone constantly watching over his shoulder. It’s the best way for young people, give them a chance and watch them shine.

Ryan, just like Reean, is already shining, and he just needs to keep cracking on with the task at hand.

Ryan’s advice to any young person thinking about an apprenticeship is simple…

“If you’re lucky enough to get the opportunity, just take it…”

We couldn’t agree more, but we also count ourselves very lucky that we’ve managed to welcome an apprentice as able as Ryan.

Young people, hey? Lazy, disinterested, rude…

Not as far as we’re concerned. These new kids on the #TeamCES block are smashing it.

Long may it continue.

Well done Ryan and congratulations on passing your driving test first time.

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Just Starting Out, But Already Starting to Make a Difference, Reean

Just Starting Out, But Already Starting to Make a Difference, Reean

Reean, receiving Christmas Gifts

Fresh from a role in customer service and a place at full time college respectively, Reean and Ryan are relative newbies to #TeamCES

Does that mean that their contribution is any less valued than some of our longer standing team members?

Absolutely not.

The pair have hit the ground running, and so, it’s only right that we give them the spotlight to hear how they’ve settled into their new roles within our industry.

Reean is one of our Operations Assistants. Here since early December, she’s learnt the ropes remarkably quickly and plays a vital part in the day to day running of #TeamCES.

Reean’s dad is a long time enforcement agent, as it happens, and it was he who made the suggestion for Reean to make a move into a career in the enforcement industry. So far, it’s a decision she’s delighted with…

“My dad recommended that I speak to Gareth (Haggerty) about the opportunity. He’s a really good person to work for and I love the atmosphere here. It’s positive on a daily basis.”

It is a positive place to be, for sure, but that doesn’t mean it comes without its challenges, so how has Reean found those challenges?

“The hardest part is getting to grips with all the processes…” she says, but her early understanding of all the different types of paperwork is impressive, and she’s settled into her role really well. Reean speaks very highly of her colleague Olesha, who she says has helped her every step of the way.

That’s how we operate at #TeamCES, not just as a team, but as a family, supporting each other all the time.

Working ‘as a family’ is more than just a metaphor for Reean, of course, as her dad is out on the ground throughout the week, but just like all of our other agents, Reean will tell you that he’s nowhere near the stereotype bailiff that many people still picture when they think of the men and women who work in this industry.

As Reean puts it...

“Bailiffs don’t live up to that reputation. They’re not scary like they’re made out to be.”

We know that, of course, but it’s still a misconception that puts people off. Reean says that, like everyone else here at #TeamCES, the people in the field are down to earth, approachable, and just ‘good’ people.

Reean can be found allocating work for the agents, taking jobs from the incoming paperwork or from the database. She calls this a ‘small role’, but she’s doing herself a disservice there. The work she does is vital, as without her coordination and organisation skills, we could never live up to our clients’ expectations. She plays a key part in the whole operation of the company, and we’re grateful for the work she puts in.

As for Reean’s future within the industry and with us, she wants to gain as much knowledge as she possibly can, and remain in an industry where she feels valued, supported and optimistic about a successful career ahead of her.

We wish Reean all the best for her future career with #TeamCES.

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CES Review of 2021

CES Review of 2021

What a year it’s been in the world of enforcement, and in the world in general!

I think we can safely say (for now anyway) that 2021 has been better for most of us than 2020 was.

The first half of the year was still full of restrictions, but as soon as the summer hit, we all felt at least some sense of normality. It was amazing that we even remembered what normality was, going on holiday, going to the pub, things like that.

As a new difficult period looms, thanks to the Omicron variant, we wanted to take a look back on the highs and lows of the last 12 months, with a #TeamCES Year Review.

We kicked off 2021 by reminding everyone about one of our key values, kindness, with a reminder that whether we speak to people on the doorstep, on the phone or over the internet, our approach is always understanding and always empathetic. Given the unprecedented times we’ve all been living through, this commitment to kindness has served us well, and we maintain that approach with whoever we’re dealing with, whether that’s clients, debtors, landlords or trespassers.

You can remind yourself about out commitment to kindness here:

https://www.courtenforcementspecialists.co.uk/post/kindness-is-key-to-enforcement

Kindness though, wasn’t the only thing we needed a commitment to this last 12 months.

We needed to be patient, resilient, patient again, and then to show even more resilience (and patience!) but this is something we happily lived up to, even when our industry was being accused of contributing to the spread of coronavirus.

We could’ve got angry about this slight on our industry, but we preferred to deal with the facts, and by explaining how our agents weren’t actually permitted to go inside a debtor’s property, how we were fully kitted out with PPE and how we had commissioned extra training for the safety of everyone we deal with, we hoped to show that our conscience was clear.

We haven’t stopped taking the extra precautions either.

Something else that never seemed to stop were the evictions moratoriums and subsequent roll overs. We know just how frustrating this was for landlords, many of whom are amongst our client base, but we tried our best to present the information from all angles of the story.

Certainly, in the early stages of 2021 at least, these roll overs provided much needed breathing space for people who had been affected by the pandemic through no fault of their own.

wouldn’t say that we were strictly in support of the moratoriums, but we definitely understood what they were trying (and sometimes failing) to achieve.

One thing we have always been in strict support of is the Armed Forces, and earlier this year we cemented that support by pledging our commitment to the Armed Forces Covenant.

You can read all about that here:

https://www.courtenforcementspecialists.co.uk/post/ces-proudly-supports-the-armed-forces-covenant

In essence, we wanted to show that we understand how leaving the forces can be a difficult time for individuals and their families, and that we would be there wherever and however we can to support veterans in building a life after their time in service. Take a look through the ranks of #TeamCES and you’ll see that we back this commitment up with actions and not just words.

Thankfully, we weren’t the only ones backing up actions with words in 2021, and as problems such as addiction and homelessness are still rife within the ex-forces community, it was pleasing to report on a much needed financial boost for Military Mental Health Services.

The importance of funding and maintaining appropriate support services for ex military personnel and their wellbeing is vital, and the cash injection will have gone a long way.

Speaking of going a long way...

...as we’ve already said, we tried to go a long way to support the safe and effective return to enforcement in 2021, and regular lateral flow testing for all of our agents was just one part of this.

Their commitment to ensuring everyone’s safety was notable, and you can read all about how #TeamCES had to ‘go with the flow’ in 2021 here:

https://www.courtenforcementspecialists.co.uk/post/teamces-going-with-the-flow

Sometimes though, having a rule like this that applies to everyone, really isn’t a good idea.

A Council or two in England found this out the hard way, when they tried to enforce so called ‘blanket bans’ on travellers. You might remember that travellers’ charities claimed a victory in

this dispute, and that the measures were deemed discriminatory and disproportionate.

You can read all about it again here:

https://www.courtenforcementspecialists.co.uk/post/discriminatory-and-disproportionate-a-victory-for-travellers

Effectively, the Councils were told they needed to do their homework, rather than tarring every single traveller with the same brush. Dead right, as far as we’re concerned.

Dead wrong, was a landlord in Sheffield, who illegally evicted his tenant.

You might recall how, having fallen behind on rent payments, the tenant’s landlord took it upon himself to illegally evict the man in question, leaving his belongings, including his son’s toys, strewn across the pavement. This was done in conjunction with changing the locks to the property.

We told you how the landlord in question would live to regret his actions, and reaffirmed our commitment to doing things the right way.

We’re passionate about helping our clients do things 'The right way’ too, and part of that involves us keeping everyone abreast of the latest relevant information to their industry or field.

Throughout 2021, we’ve continued to remind our followers about the latest changes to enforcement and evictions.

There have been plenty to keep our eye on, including the one you’ll find here:

https://www.courtenforcementspecialists.co.uk/post/changes-to-enforcement-and-evictions-the-latest

The long and short of it was usually, that more patience was going to be needed from landlords, especially commercial landlords, as you’ll remember from this article:

https://www.courtenforcementspecialists.co.uk/post/more-patience-needed-for-commercial-landlords

Whilst most things were changing on a weekly or even daily basis in 2021 though, some things did reach their conclusions, such as the decision on who should pay the VAT on enforcement fees.

We had campaigned hard on this, in support of the HCEOA and other organisations, and it was satisfying to be able to bring a debate to something of a close. Final guidance came from the Ministry of Justice, and we make no apologies for just how much coverage we gave to this. It was all in the interests of fairness and transparency. We’re glad it’s been cleared up, but is it once and for all?

Decide for yourself:

https://www.courtenforcementspecialists.co.uk/post/landlord-who-dumps-tenants-items-on-the-street-fined-for-illegal-eviction

Finally, we ended the year by thanking the people we work for, and the people who work for us, our team, in our Christmas messages.

At #TeamCEs we’re all about singing each other’s praises, which is why it was great to end the year by shining a light on another one of our number, Reece Depledge. If you didn’t catch it at the time of publishing, take a read now, and keep your eye out for more of the same in 2022.

https://www.courtenforcementspecialists.co.uk/post/reece-depledge-forget-seven-years-bad-luck-and-try-a-thirty-year-career-instead

That’s a warp for 2021 then (almost anyway) but even as the threat of fresh restrictions hang over us, the work #TeamCES have done over the past couple of years puts us in the best position to be able to serve the people who place their trust in us.

So, with that, we hope the rest of the year is positive for you, and we look forward to working together in 2022 and beyond.

From all of us at #TeamCES, Merry Christmas and a Happy New Year!

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Court Enforcement Specialists – Christmas Message to Our Clients 2021

Court Enforcement Specialists – Christmas Message to Our Clients 2021

On behalf of everyone at Court Enforcement Specialists, I would like to wish all of our clients a very Merry Christmas and all the best for the New Year.

Thank you for choosing Court Enforcement Specialists this past year, we hope that we’ve lived up to the standards you deserve and those we expect of ourselves.

Once again, this year has been anything but ordinary…

Even now, at the time of writing, the kind of Christmas celebration we can all expect seems to be a little ‘up in the air…’

Throughout the past 12 months, we have tried to keep all of our clients up to date with the latest changes to the industry, whether that’s been to do with extensions to the ban on evictions, or updates on who should pay the VAT on enforcement fees.

It’s not been easy, as sometimes the legislation has changed several times in the space of a few weeks, but we’ve endeavoured to bring you the latest, as and when it comes to us.

The time has come for our enforcement agents and other staff to have a little break, and to spend some time with their families. For large parts of the year, they work away from home, dedicating their working lives to the needs of our clients.

Without the men and women on the ground, our success wouldn’t be possible.

The same is true of you, our clients, because without the trust of our clients to complete their assignments in a quick and effective way, Court Enforcement Specialists couldn’t continue to grow and to be recognised as industry leaders.

The end of another crazy year approaches, but I am able to reflect on it with pride and certainty that our company has done things the right way.

I look forward to continuing our relationship in 2022 and beyond, no matter what the future brings.

Have a great Christmas.

Gareth Haggerty

CEO of Court Enforcement Specialists

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Reece Depledge – Forget Seven Years Bad Luck and Try a Thirty Year Career Instead!

Reece Depledge – Forget Seven Years Bad Luck and Try a Thirty Year Career Instead!

They say when you break a mirror, that you’re doomed to seven years of bad luck. Now, that might be true for most people, but not for #TeamCES Enforcement, Reece Depledge.

See, a long time ago, Reece had a night to remember (or forget) and tripped over his wife’s shoe before falling straight through a stand-up mirror.

Ouch.

Whilst off work on the sick, recovering from his injuries, Reece was made redundant, forcing him to go back to the drawing board career wise.

I guess you could say that he, quite literally, fell into the bailiff industry!

Reece has been working with TeamCES for some time now, but he’s coming up to close to 30 years in the industry, and it’s safe to say he’s seen the lot.

17 years working for the Sheriff’s Office in Manchester, 8 years working for Newlyn’s, and plenty of other bits and pieces in there too, Reece’s career has had ups and downs.

It started with collecting cars for customs, driving 7 and a half ton wagons and trailers. Reece enjoyed this role, never letting anyone down and always exceeding expectations. It’s something he puts into everything he does – his absolute best.

A friend and colleague started to do removals for VAT warrants and Reece thought to himself...

“I fancy doing that...”

...and that’s where he faced his first obstacle. A former boss told him he wouldn’t be able to do that particular job, as he was “too abrupt.”

Fast forward a few years, and Reece ended up being the highest paid bailiff in Manchester. Reece is in no doubt that the willingness to prove people wrong was high on his list of motivators.

“You only fail when you give up” he says, and we couldn’t agree more. That’s exactly the type of ethos we expect of all our people.

In return, we look after them, and Reece is the first to talk about the benefits of working for a family run business like ours. He enjoys giving back to the company, because we make sure he has everything he needs to do his job to the best of his ability.

Reece had been in our sights for some time before coming to work with us, and all it took for him to join the team was a phone call to myself, where we talked about how we could support each other.

Building relationships like this is key to everything TeamCES do, and Reece would soon see the benefits of this, as his time with TeamCES hasn’t all been plain sailing...

Reece actually suffered his second heart attack in August 2021, and he says that the way TeamCES supported him was something that meant a great deal. At #TeamCES, we’d like to think that everyone has the same approach to caring for their team, but sadly, that’s not the way of the world.

For us though, looking after the agents and everyone else we work with is top priority, and it’s great to hear that Reece has experienced that first hand.

“They bent over backwards to support me” he says, but we’re just as impressed with his response to the health scare, given that, as soon as he was able to, he was back up and on the go.

Now, Reece works the hours he needs to, but he wants to make it clear just how much work is needed to make a success in the industry.

If you put the work in, and you do it properly, you’ll reap the rewards, but when people come into the industry for the ‘wrong’ reasons, it doesn’t always work out for the best.

For this reason, Reece is always happy to make himself available to young bailiffs coming into the industry, for advice and guidance. His own son is about to come into the industry as it happens, but Reece has made sure he knows that you have to take the rough with the smooth.

That’s great advice for absolutely anyone in the industry, whether they’re experienced or brand new.

It’s all about having a positive mind set, something that Reece says has served him very well.

You have to bring other assets to the table, of course, so let’s look at Reece’s.

Firstly, he’s a hard worker. A prolific Enforcement Agent who will track people down tirelessly. On one occasion, Reece was out at 5am to look for a car with 113 parking ticket debts against it.

Not only did he find it and its owner, but he received 113 ‘Paid in Fulls’ on the same day, so he was clearly doing something right!

When you’re effectively ‘your own boss’ out in the field, you need the motivation and the drive to be able to be this successful, or it simply won’t work for you.

Another asset of Reece’s, is his commitment to the company or client he’s working for. He was so committed on one occasion, when pursuing a debt of half a million pounds, that the debt was paid twice in error. Again, he must’ve been doing something right...

Persistence is key as well, and Reece has experience of standing at the courtroom, waiting for High Court Writs to go through.

So, that’s hard work, commitment and persistence. It seems to get results for Reece. He must be a bully boy then, going in all loud and aggressive, you might think.

You’d be wrong.

Above all else, Reece believes that treating everybody the same is how to get results in this business.

There is no place for bullying in the industry, or anywhere in life for that matter.

In his eyes, when you’re dealing with someone new, once you’ve gone in with the ‘heavy handed’ approach, there’s no return, and you’re stuck with plan A. If you ‘go in nice’ though, as Reece always does, there’s always room to change tactics, although this is rarely ever necessary, especially for someone as skilled in the business as Reece.

For people coming into the industry intent on being rude or aggressive to get their results, Reece is certain that their time in the industry will be short – it isn’t right and just doesn’t work.

“I’ve seen bailiffs/Enforcement Agents go in rude and then learn the hard way...”

As far as working for #TeamCES is concerned, Reece is full of praise for the way we keep in touch with each other with things like Zoom meetings, catch ups around the office, a network of support and even a cheeky kebab Friday!

It’s about mixing business with pleasure and building trust, respect and rapport with each other.

From the outside, the uniformity of our agents gets noticed, and it’s always about upholding the highest of standards.

Fully kitted out agents in TeamCES gear does help get results, and Reece is proud to be a part of our company. We’re proud that he is, too.

Reece is currently enjoying his involvement with trespasser evictions, both those near where he lives and those at the other end of the country. The different reactions from these communities, whether it’s aggressive, compliant or stubborn, all require different approaches. The one thing that remains the same is the level of respect Reece gives to everyone he comes into contact with.

He enjoys the process, but is much fonder of the final handshake that seals the deal and keeps hold of our 100% eviction success rate.

That’s what Reece enjoys then, but there have been tougher times in the industry too, such as the day he had a car rammed into his leg...

...oh, and the day some colleagues were chased off site with axes and pick axes...

...or the time a debtor started smashing up their property in front of him...

...not forgetting the day that a notorious landlord snatched a warrant out of his hands...

Yep, it’s not all plain sailing as you can see, but the way to deal with things like this is to always step back and let things calm down, before going back in with the same level of professionalism and positive mindset you started with.

“They won’t win in the end” is Reece’s mantra, and so it should be, because he does things properly.

He does things for the company as much as he does for himself.

A superb career, a superb enforcement agent, a superb man.

Let’s take him up on that offer of advice then, and ask for his best piece of advice for a new agent...

“You have to be patient, calm and clear headed, but you need to be direct as well.”

‘Thick skinned’ a lot of people would say, because as Reece knows, as a bailiff, there may be people who don’t like you, but when you’ve had two heart attacks, and still get up and pay your own way, even whilst struggling with your ‘own stuff’, it’s water off a duck’s back.

Besides, thanks to the positive work of companies like ours, and the hard work on the ground of people like Reece, the perception of the industry is changing things for the better.

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The Taking Control of Goods (Fees) (Amendment) Regulations 2021

The Taking Control of Goods (Fees) (Amendment) Regulations 2021

The change in regulations, which we have been keeping our followers up to date with, will come into effect on the 9th December 2021.

Full details of the amendment can be found at:

The Taking Control of Goods (Fees) (Amendment) Regulations 2021

Up until recently, the question of who pays the VAT on enforcement fees was up in the air...

The High Court Enforcement Officers Association (HCEOA) campaigned hard for the amendments which have now gone through, whilst still maintaining its commitment to the idea that, in a perfect world at least, no VAT should be charged on enforcement fees at all.

This isn’t a perfect world though, and the amendments are still welcome news to the HCEOA and its members.

Lord Wolfson has now informed Parliament about the changes via a Written Ministerial Statement, which details how this new amendment to the Taking Control of Goods (Fees) Regulations 2014, clarifies that the VAT incurred on enforcement agent fees may be recovered from a debtor if the creditor is not VAT registered.

This won’t be ‘new’ news to our followers though, as we’ve kept you up to date at every stage of the process so far, but it gives the most official confirmation yet.

There is devil in the detail too, as one further amendment to Regulation 9(4) states that the costs of auctioning goods by way of internet auction site or sold other than by auction, is now a fee to the enforcement agent and not a disbursement as previously considered.

For further clarification, it is also the case that the sums referred to in Regulation 9(4) and in the Schedule, are exclusive of VAT. This means that a sum equivalent to VAT is recoverable from the debtor in addition to those sums.

As we’ve said, this is just the small print on a story we’ve been writing about for weeks and months now, but it could be well worth your time having a scan of that small print.

For anyone who isn’t quite sure what it means for them, or if you have any other questions regarding VAT on enforcement fees, you can get in touch with the team and we’d be only too happy to talk you through the changes.

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Northwest Professional Networking Thursday 18th November 6pm -9pm

Northwest Professional Networking Thursday 18th November 6pm -9pm

Northwest Professional Networking is a new independent monthly networking event aimed at bringing local and national business's together.

We are a not-for-profit business networking group based in Greater Manchester that offers monthly networking events for SMEs, Entrepreneurs, Startups, Investors, City Professionals and associated industry professionals with a very informal atmosphere, and will offer great networking and relationship-building opportunities.

Excellent opportunity to network with like-minded business professionals and It's about cultivating relationships with people.

Northwest Professional Networking is all about connecting business professionals who are committed to sharing connections and generating business opportunities for each other.

Our event brings people together to openly discuss and share ideas with like-minded individuals. We welcome entrepreneurs of all types, start-ups of all sizes, industries, and stages to join us in finding the inspiration, resources, and friends that will make them successful.

Whether you are an entrepreneur, small business owner, legal or Security professional, in the finance, Landlord/managing agent or entertainment industry - this event will offer the perfect occasion to expand your business, social or enterprise contacts.

Make connections, build new relationships and develop new business opportunities! Every business is welcome. Join us for a Fun, Inspirational, and relaxed evening of Business Networking.

Northwest Professional Networking isn't about making direct sales, though direct sales invariably occur as a result. Northwest Professional Networking gives you professional connections, establishes trust, and lends business through new opportunities, increased knowledge and ever so valuable word of mouth advertising.

This Event will be our first of many at our newly renovated Victorian Library, so come along and see what its all about.

This Months gueat speaker is Bianca Robinson from the Charity CEO Sleepout. CEO Sleepout is a charity set up to fight homelessness and poverty. There fight is funded with money raised by people like you: big hearted business and community leaders. Spend one night sleeping outdoors, alongside your peers. There pledge is to raise sponsorship and they'll put the money you raise to work fighting homelessness and poverty in your city.

Refreshments will be provided on the Evening.

To book your tickets click below:

https://www.eventbrite.com.ar/e/northwest-professional-networking-tickets-207829302037?utm-campaign=social&utm-content=attendeeshare&utm-medium=discovery&utm-term=listing&utm-source=cp&aff=escb

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The ECA – ‘A new independent oversight body’

The ECA – ‘A new independent oversight body’

As a company who proudly claim to be changing the face of enforcement, #TeamCES regularly align ourselves with any organisation aiming to do the same.

The ECA (Enforcement Conduct Authority) which launches next year, is another organisation that will do just that.

How will the ECA be any different to what’s already in place though?

Well, for a start, the establishment of the EXA follows what it calls ‘ground breaking collaboration between the civil enforcement and debt advice sectors.’

Two sectors which seem to have opposite interests, you might think, but that way of thinking is out of date. It’s not us vs them, by any stretch of the imagination.

With the support of the CSJ (Centre for Social Justice) the two sectors have come together to discuss the most appropriate ways of identifying vulnerability, signposting people to the correct channels of help, as well as how best to pursue unpaid debts, which still have to be reclaimed.

Organisations like this don’t aim to give people ‘get out of jail free’ cards, it’s about finding the best route forward for all stakeholders.

Is it possible to increase the effectiveness of enforcement whilst bolstering protection for the vulnerable?

Yes, it absolutely is, and quite simply, it has to be. In the words of Robert Buckland QC MP, Lord Chancellor and Secretary of State for Justice...

"The Enforcement Conduct Authority will make a real difference to protecting the vulnerable and driving up standards while improving the effectiveness of enforcement."

How?

The ECA will:

  • Drive out bad practices
  • Protect the financially vulnerable
  • Balance the critical financial needs of local councils
  • Ensure fairness for all
  • Raise standards
  • Improve accountability
  • Adjudicate responsibly
  • Protect vulnerable people

If you know anything about Court Enforcement Specialists and about how we operate, it will make perfect sense as to why we’re looking forward to working closely with the ECA long into the future.

You can visit their website below:

Enforcement Conduct Authority (e-c-a.org.uk)

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