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Becoming a professional bailiff fee reclaims manager.
If you are an individual interested in starting up in claims management then the industry is currently unregulated. If you are reclaiming PPI then you must be regulated and authorised by the Ministry of Justice and provide consumer protection by tackling bad practices. However such a category for bailiff fee reclaims does not exist yet so it remains an unregulated activity. It is unlikely to become regulated because HM Government would have to officially concede that bailiffs are charging illegal fees. The Ministry of Justice won't like you making claims against government departments and councils so it is further evidence this activity will remain unregulated. Claims management companies have an in-house solicitor or know someone with a practicing certificate. This enables the company to include the word "solicitors" in its name to give officialdom to the company. You need an inside man from the legal profession to sound out your biz model before you start it up. Law colleges, e.g. Greenwich, Kings College, will know solicitors interested in joining a partnership on a new business venture.
The next hurdle is sourcing clients. There are two ways.
Once you are regulated, you can approach local councils, TFL and the HMCTS Magistrates' Courts for lists of debtors and defendants who have paid money to bailiffs in the last 6 years (but Section 32 of the Limitation Act 1980) removes the statutory time limit of 6 years for the recovery of unlawful bailiff's fees). Approach though Chamber of Commerce or sound out your local councillors. Use caution if your business plan includes paying kickbacks for civil servants but town halls themselves could do with the money so you may include this in your negotiations. Some authorities may cite the Data Protection act but councils often need reminding it doesn't apply because crime and taxation are exempt, council tax is a tax and court fines are a penalty for the crime and you can quote these in your approach procedure. The Minister of State speaking in the House of Lords confirmed bailiff crime is not a civil matter on April 20, 2007. The types of fees (plus interest) you can recover on behalf of your clients are: Council tax/NDR: any fee paid that is not prescribed and fees and costs for work not done. Parking: any amount paid that is not prescribed and greater than the £28 statutory fee and £11.20 letter fee, e.g., Van fee, enforcement fee and attendance fees and any fees or costs for work not done. Court Fines: all fees paid by the defaulter are recoverable, except where the bailiff has removed your goods, and even then you can challenge them on lack of evidence of disbursements. Use this FOI and get a copy of the HMCTS Enforcement Services Contract. HCEOs: all money paid by the debtor that does not fall into Regulations 1 to 711 of Schedule 3 of the High Court Enforcement Officers Regulations 2004.
Council tax, Business Rates and traffic debts, the claim is made jointly against the council and the bailiff company and the bailiff himself. For HCEO enforced debts, you sue the creditor and the HCEO company jointly. For court fines, the claim is made against the Secretary of State for Justice and the bailiff company jointly. If the bailiff company has been wound up then the claim passes solely to the creditor If the average fee reclaim is, say £300 per case, and you charge 50% as your retainer then it is not difficult to work out the potential gains just by completing £10 cases a day. And your client doesn't even have to go to court!
You will need Professional Indemnity insurance. NCG Professional 020 7283 2393 (Senior Wright
form) PYV Ltd 020
7626 6789 www.pyv.co.uk Collegiate Management 020 7459 3459 Willis Professional Risks on 0207 975 2284 ask
for Steven Davey Grosvenor Professional Indemnity 0207 337
6810
Icon Insurance 0207 105
4592 www.icon-insurance.com
New startups should include:
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