The latest round of government consultation over bailiff
legislation could change the way debts arising from Consumer Credit
Act (CCA) regulated agreements are enforced. 

One of the stated aims of the Ministry of
Justice consultation on the Tribunals, Courts and Enforcement Act
2007 (yet to come into effect) is to offer creditors more choice in
the method in which they enforce debts.

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Traditionally, under the High Court and County
Courts Jurisdiction Order (1991), monetary judgments secured in the
County Courts have to be enforced in the County Court if the debt
arises from a CCA regulated agreement. At present, this means
relying on the resources of the County Court bailiff service.

Adam Wonnacott of motor finance debt
collection agency and High Court Enforcement Officers, Burlington
Group, said: “In practice many creditors have effectively
discounted the use of County Court bailiff warrants of execution as
a collection method”.

Wonnacott is confident that allowing creditors
to enforce CCA regulated debts using High Court Enforcement
Officers will improve recovery rates. “Permitting private High
Court Enforcement service providers to enforce this type of debt
will give the creditor much more choice and will allow them to shop
around for the best service”.

The consultation closes on 14 May and a formal
response is due later in the year.

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Copies of the consultation paper are being
sent to a number of industry associations, including the British
Bankers Association and the Finance & Leasing
Association.

richard.brown@vrlfinancialnews.com