Progressive Property Ventures LLP v Kamil Mrozinski

Progressive Property Ventures LLP v Kamil Mrozinski

The enforcement agent's fees and disbursements must be disallowed under Regulation 12 because the applicant, a vulnerable person, was not given an adequate opportunity to obtain assistance and advice after his car was taken into control.

Parties
Claimant: Progressive Property Ventures LLP; Defendant/applicant: Kamil Mrozinski; Respondent (high Court Enforcement Officer): David Asker; Respondent (enforcement Agent): Michael Perkins
Jurisdiction
England and Wales
Judgment Date
24 May 2022
Procedural Posture
Civil Enforcement / Judgment on Enforcement Agent's Fees Under Regulation 12 of the Taking Control of Goods (fees) Regulations 2014
Outcome
Enforcement agent's fees and disbursements disallowed to the extent required under Regulation 12.
Legal Topics
Enforcement of Judgments, Vulnerable Debtors, Taking Control of Goods (fees) Regulations 2014, Enforcement Agent Fees
Civil Procedure Debt Recovery Enforcement of Judgments Vulnerable Debtors Taking Control of Goods (fees) Regulations 2014 Enforcement Agent Fees

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Parties

Progressive Property Ventures LLP

Claimant

Kamil Mrozinski

Defendant/applicant

David Asker

Respondent (high Court Enforcement Officer)

Michael Perkins

Respondent (enforcement Agent)

Procedural Posture

Civil Enforcement / Judgment on Enforcement Agent's Fees Under Regulation 12 of the Taking Control of Goods (fees) Regulations 2014

Legal Issues

  1. 1 Whether the enforcement agent's fees and disbursements should be disallowed under Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 due to the debtor's vulnerability and adequacy of opportunity to obtain advice

Ratio Decidendi

The enforcement agent's fees and disbursements must be disallowed under Regulation 12 because the applicant, a vulnerable person, was not given an adequate opportunity to obtain assistance and advice after his car was taken into control.

Court Disposition

Enforcement agent's fees and disbursements disallowed to the extent required under Regulation 12.

Orders

  • Agent’s fees and disbursements are disallowed under Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014.