Credit Management November 2018

More documents

Recommendations

Info

HIGH COURT ENFORCEMENT OFFICERS ASSOCIATION Educating the bailiff Enforcement against goods is still a blunt instrument. AUTHOR – Andrew Wilson MCICM ENFORCEMENT against goods is a blunt instrument more suited to the 19th than the 21st Century, when putting a man in possession was still a common practice. Before the days of walking possession, it made economic sense to actually have a possession man billeted in the debtor's home or business until payment in full was made. These gents had questionable personal habits and hygiene and were a strong incentive to settle up, if only to get them off the premises! They were paid in cash on a Friday afternoon, when they all trooped into the office and the female staff were sent home at lunchtime to avoid any possible contact with them. Things really changed after the Second World War, when walking possession became the norm, but I am far too young to remember any of this. Taking Control of Goods, introduced in April 2014, is really not much different; we have controlled goods agreements instead of walking possession, more provisions about vehicles (as cars are often a debtor's main asset after his house) and the ability to secure all or part of a debtor's premises (but, sadly, without possession men). However, the main leverage is still removal and sale of a debtor's goods. One thing that has changed is that bailiffs are better educated, as is reflected in the ‘new’ title of ‘certificated enforcement agent’. They must have passed a Level 2 exam in Taking Control of Goods to be granted a certificate by a District Judge (if he/she considers them as a fit and proper person). Level 2 is the equivalent of GCSE A* to C (now 9 to 4) and many European enforcement agents are required to be university graduates. It’s some progress, but a small step. That is why CICM and other institutions, such as Chartered Institute of Legal Executions (CILEX), are now offering a Level 3 (A Level) qualification in Advanced Enforcement. All High Court Enforcement Officers Association (HCEOA) members will be encouraged to make this qualification a requirement for their bailiffs in the field and their more senior administrative staff. Better training and qualifications enable High Court bailiffs to confidently deal with more articulate debtors and their representatives. The Level 3 qualification also has the benefit of being a relevant starting point for those wanting to become High Court Enforcement Officers, as Level 3 is the requirement for aspiring candidates starting the Level 4 (1st Year Undergraduate) Diploma course with CICM, which is the academic requirement to apply to become authorised. Like solicitors and accountants, there is also a practical side, based on a twoyear training contract, with evidence of competence shown in a Training Log. TOOTHLESS TOOL This all helps, but enforcement against goods is still a blunt instrument, with the bailiff knowing little or nothing about the debtor at the address to which he has been directed. The answer must be access to information about debtors. But this must be made available only after judgment and be carefully restricted to those instructed through the courts, ensuring that otherwise strictly confidential information does not end up in the public domain. That would certainly ‘Stop the Knock’ in many cases, as one of the other six methods of enforcing a judgment could be used with is more suited to the debtor's circumstances. This is doable, as demonstrated by how easy it is to tax your car. By joining up the DVLA, MOT and Insurance Company databases, you can complete the process with a card payment, in a matter of minutes. Is it likely to happen in the near future? The industry is making good progress in this area, but there is still some way to go. Andrew Wilson MCICM is Chairman of the High Court Enforcement Officers Association (HCEOA). The Recognised Standard / www.cicm.com / November 2018 / PAGE 14
Fast, fair and effective enforcement FAST. 48 hour average judgment transfer and very prompt attendance after notice expiry. FAIR. Robust vulnerability policies and nationally accredited training for all our teams. EFFECTIVE. The largest team of authorised HCEOs and highly trained enforcement agents. With our impressive industry leading recovery rates, nationwide coverage and dedicated Client Services team, you can trust HCE Group to collect more for you and your clients. Instruct us for Enforcement of judgments and tribunal awards Eviction of activists, squatters and travellers Eviction of commercial and residential tenants Commercial landlord services Tracing and process serving Vehicle recovery and enquiry The Recognised Standard / www.cicm.com / November 2018 / PAGE 15 To find out more or instruct us 08450 999 666 www.hcegroup.co.uk
Page 1 and 2: CREDIT MANAGEMENT CM NOVEMBER 2018
Page 3 and 4: 24 OPINION JULIAN WINFIELD NOVEMBER
Page 5 and 6: THE RECOGNISED STANDARD CICM Britis
Page 7 and 8: CICM senior team celebrates success
Page 9 and 10: Consulting ban for big four ACCOUNT
Page 11 and 12: SMES appear unwilling to borrow ALM
Page 13: OPINION Empty promises What the two
Page 17 and 18: ADVERTORIAL The benefits of impleme
Page 19 and 20: the enforcement stages when we have
Page 21 and 22: INTERVIEW AUTHOR - Sean Feast FCICM
Page 23 and 24: INTERVIEW AUTHOR - Sean Feast FCICM
Page 25 and 26: A Credit Manager walks into a bar
Page 27 and 28: Get a free quote in 1 minute » Vis
Page 29 and 30: SSTL, an Airbus subsidiary, is the
Page 31 and 32: FECMA COUNTRY PROFILE Average payme
Page 33 and 34: COUNTRY FOCUS AUTHOR - Adam Bernste
Page 35 and 36: CICM MEMBER EXCLUSIVE Your CICM lap
Page 37 and 38: n -0.9 p East Midlands -2.6 p Londo
Page 39 and 40: CONSUMER CREDIT AUTHOR - Angela McC
Page 41 and 42: Don't miss this essential legal upd
Page 43 and 44: AWARD WINNERS CREDIT & Business Fin
Page 45 and 46: CICM KNOWLEDGE HUB Access over 1,00
Page 47 and 48: EDUCATION without it. A very close
Page 49 and 50: Does your credit team need an immed
Page 51 and 52: The Recognised Standard / www.cicm.
Page 53 and 54: DO YOUKNOWTHE TRUE IDENTITY OF YOUR
Page 55 and 56: Are you a Leader or follower? CICMQ
Page 57 and 58: Proud supporters of CICMQ With over
Page 59 and 60: 3 YEARS IN 2018 Credit Controller A
Page 61 and 62: CREDIT CONTROLLER SUCCESS THROUGH E
Page 63 and 64: STAND OUT FROM THE CROWD With over
Page 65 and 66:
FOR INFORMATION, OPTIONS AND PRICIN
Page 67 and 68:
Membership Benefits CICM membership
show all

Credit Management November 2018

Create successful ePaper yourself

Delete template?

Save as template?