CIVEA responds to helpful ECB Thematic Review on the application of fees.
Responding to the results of a Thematic Review into how fees are applied during each stage of the enforcement process, Russell Hamblin-Boone, Chief Executive of the Civil Enforcement Association (CIVEA), said: “It is welcome acknowledgement that after a thorough and independent investigation the Enforcement Conduct Board (ECB) “did not find evidence in any accredited enforcement firm we visited of over-charging of multiple enforcement fees to those in debt, in explicit contravention or non-compliance with the Fees Regulations or related ECB Standards.”
“While we are pleased to learn that the thematic review found no evidence of over-charging or non-compliance with the fees regulations or ECB standards, it has identified inconsistencies where the regulations are open to differing interpretations. We note that there are legitimate reasons for this, but we will be working with the ECB to develop guidance that complements the regulations and provides clarity for firms and consistency for those experiencing civil enforcement.”
Top line findings of the ECB Thematic Review of Fee Charging: Taking Control of Goods (Fees) Regulations 2014 and ECB Standards.
“The ECB is pleased to say that we did not find evidence in any accredited enforcement firm we visited of over-charging of multiple enforcement fees to those in debt, in explicit contravention or non-compliance with the Fees Regulations or related ECB Standards.”
Compliance Stage fee
“The charging of compliance fees has not been a cause of concern to the ECB, and we found no evidence of issues with compliance fees in the firms we visited.”
Enforcement Stage fee
“The Thematic Review found no evidence that any firm was explicitly breaching the Fees Regulations or overcharging those in debt, for example by charging an enforcement fee on each of multiple debts where they could reasonably be enforced at the same time. As such, the ECB has no cause to require any accredited firm to make refunds following the Review.
“Most firms have in place controls that mean the enforcement fee can only be applied once the EA confirms the visit has taken place, with the fee being applied by a centrally controlled system. We see this as good practice to avoid the ability for additional fees to be added either incorrectly or intentionally.
“From our Review, we believe that the policy and practice in charging enforcement fees, within the Regulations, varies within the sector and needs change to bring consistency for those who have to pay fees. The ECB intends to consult on new Standards for the charging of enforcement stage fees later in 2026 to give all of industry a chance to contribute to a future common position on linking and charging fees across multiple enforcement powers.”
Application of ANPR (Automatic Number Plate Recognition)
“We believe that the practice on the use of ANPR needs clarifying to ensure that it does not lead to fee charging practices which are not in line with the Regulations. We propose to include this in our consultation.”
Sale Stage fee
“Overall, our evidence from the Review is that while we do not consider there to have been explicit breaches in the charging of sale fees, some practices have not been within the spirit of the Regulations, and not within the CIVEA guidance. Consequently, the ECB intends to consult to understand better the varying views on sale fees in the industry and debt advice/consumer organisation and to establish a consistent policy and Standards for charging sale fees.”
Monitoring of enforcement agents
“It was pleasing to note that all firms do carry out monitoring of BWV footage to ensure EAs are conducting their work in line with the Regulations and Standards, particularly around behaviours and conduct, with this footage being retained in line with the Standards.”
ENDS
For more information on this statement or to arrange a media interview, contact Michelle Wilson at PLMR on 07971 164261 or by emailing civea@plmr.co.uk
About CIVEA
The Enforcement Conduct Board is an independent body established with the full support of CIVEA members to provide scrutiny of and identify shortfalls in industry practice.
CIVEA is the principal trade association representing civil enforcement agencies employing around 1,500 certificated Enforcement Agents in England and Wales.
It represents approximately 40 companies that comprise more than 95% of the entire enforcement industry.
They are not debt collectors and only undertake visits to premises after a local authority or public body has failed to recover funds, taking an individual to court and enforcing the court order under the Taking Control of Goods Regulations 2013.
On average Enforcement Agents collect over £1 billion of unpaid council tax and fines every year at no cost to councils.
Councils rely on enforcement agents to recover council tax arrears to pay for local services. Enforcement action is essential to cash-strapped councils that need to fund waste collection, road repairs, police and fire services, schools and libraries. Without money from council tax, these services could be reduced or even scrapped.
Enforcement agents also identified 351,000 vulnerable people who had lost contact with their council and unknown to anyone, were struggling with their payments.
With limited resources, local authorities rely on enforcement agencies to identify people who are vulnerable but do not respond to council letters.
CIVEA ‘did you knows’
For general enquiries only, you can contact us by email at info@civea.co.uk.
We are unable to respond to complaints made via this form. If you have a complaint or concern about one of our members, please go to our complaints page for more information.
