Empire Enforcement - Open Policy Statement

EMPIRE ENFORCEMENT

OPEN POLICY STATEMENT

The aim of this policy is to show, and be as open as is possible, to our clients and the general public.

CONTENTS

Aim of policy

Guidelines

(Exempt items)

List of charges

Removed chattels and goods

Exceptions

The AIM.

By being open, we will be able to show that we have nothing to hide

That our enforcement officers follow the guidelines set out in this policy

That the correct charges are applied to each warrant

Each letter that we send out to a defendant / debtor WILL have a full list of applicable fees printed on the reverse side of that letter, thus enabling the debtor to see what, and when they will be charged.

Each bailiff will carry with him a warrant of execution, attached to that warrant will be a full list and breakdown of all enforcement actions, and charges applied (these actions are downloaded daily to our clients so that they can see what enforcement action is being carried out).

A member of the public who has had a warrant held by this company, may on prior application, request to see any information or data that we may hold about that person.

A member of the public may request at any reasonable time, information on the charges that have been applied to the warrant ( which relates to that person).

All persons making such a request will have to provide appropriate identification prior to any request being accepted, and information being passed by Empire Enforcement.

GUIDELINES

The bailiff will carry with him / her a current General Bailiffs Certificate.

The bailiff will execute the warrant at his / her discretion

The bailiff will be dressed in a smart manner,

The bailiff will not enforce a warrant against a disabled person without prior consent of the client.

That all efforts will be made to resolve the issue prior to the removal of goods

That all items exempt in law will remain with the debtor

Exempt Items

Items that are essential for the well being / health of any child under the age of 16 years.

Children’s play and educational toys. Note this does not apply to a family computer, play station, or x box

Plumbed in items such as washing machines/cookers.

Fixtures and fittings.

Items that are sealed in an envelope or wrapped up.

Water fittings

Goods in the possession of the Inland Revenue.

Husbandry

Items or goods protected by diplomatic status

Railway Rolling Stock

Goods already subject to a levy of distress, seizure as long as that distress is lawful and that the bailiff has been satisfied that such distress has had all the appropriate paperwork completed to a satisfactory standard.

A sign written motor vehicle, except where another appropriate vehicle is available for the debtor to continue with his or her trade.

Clothing / bedding of the debtor

£150 value of the tools of the trade.

Personal photographs.

Items disputed by others ( note: any person claiming to own an item or items seized by the bailiff, other then the debtor, must prove to the bailiff that those goods that they lay claim to, are in fact theirs, the bailiff is not obliged to accept at face value a person, telling the bailiff that they own a particular item, the ONUS is on the person to prove to the bailiff that what they are telling them is in fact true, without such proof the bailiff may continue to seize or remove goods, but those goods will be held for 14 days instead of 6, before going to auction this gives the person laying claim to the goods to produce the appropriate proof. A hand written receipt will not be accepted as satisfactory evidence of ownership or purchase. There is no requirement for the bailiff to prove the ownership of any items.

Soft furnishings not carrying the required fire safety label

Any goods where it is quite clear that a person (debtor) is in severe financial problems.

Any Items that would affect the health or well being of any disabled person.

Bailiffs fee’s

The following fee’s / charges may be applied by the Bailiff whilst executing the warrant, this list relates to Empire Enforcements charges, other bailiff companies may apply a different (fee’s) charging structure

Bailiffs action	Charge £
Enforcement Action	£90 plus vat at £15.75
Van Call	£90 plus vat at £15.75
Clamping fee	£30 plus vat at £5.50
Vehicle removal	£125
Vehicle storage	£15 Plus vat for each day stored
Auctioneers costs	Set by auctioneer (normally 10/15%)
1^st letter Fee	£11.20 plus vat
1^st visit Fee	Depends on the total amount due for the fine (minimum £28)
2^nd visit Fee	Depends on the total amount due for the fine (minimum £28)

A second and third letter may be sent at Empire Enforcement’s discretion these letters are charged at £28 and £36 respectively. No warrant is sent to the bailiff with a higher value of £187.81,

An hourly Charge of £75.00 per hour per bailiff or courier can be applied after the first hour, that the bailiff has attended the property with a view to remove goods.

A credit card charge of 5% is applicable if payment is made by using a credit card.

A debit card charge of £1.50 is applicable if payment is made by using a debit card.

Be aware that additional charges can be applied at the discretion of the bailiffs, depending on the level of enforcement being carried out at the time.

Tow truck charge is £125, however if a tow truck is called and cancelled on route this charge will be reduced to the tow truck company’s call out charge plus £10 administration charge, plus vat.

Before you print think about the PENVIRONMENTP

Removed Chattels and Goods

Once goods have been removed they will be held for six days before being sold at a public auction, they may be sold sooner if the debtor consents in writing to an earlier sale.

A debtor is not entitled to know which Auction Room his or her goods have been to.

A debtor may not purchase their goods back at a public auction

A debtor will be informed where their goods are once the amount due, including storage cost’s has been paid in full to Empire Enforcement.

Empire Enforcement, are not obliged to return goods that have been removed to an auction house, and therefore will not, a debtor must arrange their own carriage and collection of any such goods.

Exceptions to this policy

Empire Enforcement will not include in this policy any information that may be, or could lead to the personal safety or well being of a member of it’s staff or any enforcement officers / agency’s who act on our behalf.

Any information that may fall within the criteria of the Data Protection Act.

Empire Enforcement reserve the right to change or withdraw this policy at any time.