Post by nickd on Jan 28, 2011 10:20:57 GMT 1
A retired senior judge - Judge Paul Collins - has spoken out on BBC Breakfast television this morning about the need to get tough of enforcing County Court judgements which claimants find hard to enforce.
See the link which includes some video footage of a High Court enforcement officer at work:
www.bbc.co.uk/news/business-12304899
The retired judge spoke of reforming the enforcement sections of the legislation, there was even a stark reminder of the days when debt default led to terms of imprisonment.
This has to be viewed with concern. Not because claimants shouldn't have a right to recover sums unpaid on judgements they obtain in the County Court - but because we are facing reform aimed at taking away access to Legal Aid for those with a debt problem. There is also the inevitable prospect that changes in increased powers of enforcement will lead to an increase in private (often high court enforcement) agencies seeing this as an opportunity to make money out of not just collecting the judgement sum, but much more in increased fees and charges associated with the enforcement.
This highlights the need for effective legal advice on debt problems - more appropriately aimed at reaching a resolution between the claimant and creditor before it gets as far as the enforcement stage - thus avoiding costly proceedings in court.
Yes there are people who perhaps ignore their liability, but equally there are people who become so frightened by the threat of legal action that they bury their heads and can't face opening the official looking post which comes through their letterbox. Isn't it better to make it easier for people to access legal advice at a stage when something can be done?
People in debt often can't pay the judgement sums; it is a cause for concern if we return to draconian days of enforcement - especially if people have little - or no - access to Legal Aid in seeking advice about more appropriate remedies.
It's hard not to get political over this, but I'm mindful that it was part of the Conservative's manifesto that they pledged to make sure that people who owed less than £25,000 would not lose their home by making changes in debt enforcement law. Any move towards increased powers of enforcement make it all the more likely that creditors will pursue legal action in Court - if they do so, surely it's only right that access to justice for a defendant be maintained - if only to give them legal advice on alternative enforcement remedies?
See the link which includes some video footage of a High Court enforcement officer at work:
www.bbc.co.uk/news/business-12304899
The retired judge spoke of reforming the enforcement sections of the legislation, there was even a stark reminder of the days when debt default led to terms of imprisonment.
This has to be viewed with concern. Not because claimants shouldn't have a right to recover sums unpaid on judgements they obtain in the County Court - but because we are facing reform aimed at taking away access to Legal Aid for those with a debt problem. There is also the inevitable prospect that changes in increased powers of enforcement will lead to an increase in private (often high court enforcement) agencies seeing this as an opportunity to make money out of not just collecting the judgement sum, but much more in increased fees and charges associated with the enforcement.
This highlights the need for effective legal advice on debt problems - more appropriately aimed at reaching a resolution between the claimant and creditor before it gets as far as the enforcement stage - thus avoiding costly proceedings in court.
Yes there are people who perhaps ignore their liability, but equally there are people who become so frightened by the threat of legal action that they bury their heads and can't face opening the official looking post which comes through their letterbox. Isn't it better to make it easier for people to access legal advice at a stage when something can be done?
People in debt often can't pay the judgement sums; it is a cause for concern if we return to draconian days of enforcement - especially if people have little - or no - access to Legal Aid in seeking advice about more appropriate remedies.
It's hard not to get political over this, but I'm mindful that it was part of the Conservative's manifesto that they pledged to make sure that people who owed less than £25,000 would not lose their home by making changes in debt enforcement law. Any move towards increased powers of enforcement make it all the more likely that creditors will pursue legal action in Court - if they do so, surely it's only right that access to justice for a defendant be maintained - if only to give them legal advice on alternative enforcement remedies?