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The Analysis Editor’s Letter


Will enforcement laws change at last?


Stephen Kiely Editor, CCRMagazine stephen@ccrmagazine.co.uk


It has long been a point of contention amongst readers that they do not routinely have all enforcement options available; with certain lower-value consumer debts having only restricted options. It is a concern for many of our readers,


often expressed at our round-table debates. So it was pleasing, last month, to see that


proposed reforms, which would allow High Court enforcement officers and certificated enforcement agents to enforce small-sum CCJs and Consumer Credit Act judgments, have been put to the government in a joint industry submission. The joint submission by the High Court


Enforcement Officers Association (HCEOA) and the Civil Enforcement Association (CIVEA) has been made to the Ministry of Justice Reform Policy and Her Majesty’s Courts & Tribunals Service Reform Programme Teams. It proposes an amendment to the 1991


High Court & County Court Jurisdiction Order, which would allow High Court enforcement officers, assisted, where appropriate by certificated enforcement agents, to enforce CCJs below £600 and judgments based on Consumer Credit Act agreements. The submission is supported by a detailed


well placed to ensure that court users can rely on having judgments enforced professionally, efficiently, and with experts skilled at dealing with people who may be vulnerable.” We can only hope that such informed


opinions will find a receptive audience. Meanwhile, as one landmark change is


discussed, it is an appropriate time to look back at another key initiative already bringing results. The Standard Financial Statement (SFS) was launched in March 2017, since when more than 1,000 organisations have signed up. It is expected that, by the end of 2018, more than 90% of the UK’s advice providers will be using the SFS. Dan Osmond, product owner at Lloyds


Lord Briggs highlighted the failings of debt enforcement by county- court bailiffs in his Final Report, and this is a suggested interim solution to ease the workload of the bailiffs, and allow them more time to perform their other duties


opinion – Efficient & Effective Enforcement Against Goods: The Way Forward – prepared by Toby Riley-Smith QC and Celia Oldham of Henderson Chambers. In making the submission, Andrew Wilson, chair of the HCEOA


said: “Lord Briggs highlighted the failings of debt enforcement by county-court bailiffs in his Final Report, and this is a suggested interim solution to ease the workload of the bailiffs, and allow them more time to perform their other duties, such as enforcing orders for possession.” Kevin McCarthy, chair of CIVEA, added: “Our members already handle more than 6 million liability orders and warrants, and are


April 2018


Banking Group, said: “As we explore the future design of customer budgets in a fast changing environment, the SFS provides the stable foundation to build upon. As a standardised and cooperative approach, it allows customers, and those supporting them, to share one version of the truth, without having to reconstruct their information to suit each creditor or organisation.” Craig Simmons, Money Advice Service


sector co-ordination manager, added: “We are really pleased that the first year of the SFS has been a success with lots of positive feedback from those using it. It has been a project built on close collaboration between debt-advice agencies, creditors, and several


other bodies connected with credit and debt, who have all come together to help secure better consistency for over-indebted people. “We look forward to facilitating even greater collaboration in the


sector, and hope to see take-up and support of the SFS continue to grow, particularly in a wider range of creditors.” So progress certainly can be made, even with the most thorny of


issues. Now, we must hope, is the time for the enforcement sector to be allowed to take its own major step forward. Enjoy the magazine!


www.CCRMagazine.com 3


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