Progressive Property Ventures LLP v Mrozinski [2022] EWHC 1256 (QB) (24 May 2022)

Progressive Property Ventures LLP v Mrozinski [2022] EWHC 1256 (QB) (24 May 2022)

The enforcement agent failed to provide the applicant, a vulnerable debtor, with an adequate opportunity to obtain assistance and advice after his car was taken into control, as required by Regulation 12. Therefore, the agent's fees and disbursements are disallowed to the extent required by the regulation.

Citation
[2022] EWHC 1256 (QB)
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
Enforcement of Judgment Debt / Application to Disallow Enforcement Agent's Fees Under Regulation 12 of the Taking Control of Goods (fees) Regulations 2014
Outcome
Application granted in part; enforcement agent's fees and disbursements disallowed under Regulation 12.
Legal Topics
Vulnerable Debtor Protections, Taking Control of Goods (fees) Regulations 2014, Adequate Opportunity for Advice, Enforcement Agent Fees
Civil Procedure Enforcement of Judgments Vulnerable Debtor Protections Taking Control of Goods (fees) Regulations 2014 Adequate Opportunity for Advice 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

Enforcement of Judgment Debt / Application to Disallow 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 lack of adequate opportunity to obtain advice.

Ratio Decidendi

The enforcement agent failed to provide the applicant, a vulnerable debtor, with an adequate opportunity to obtain assistance and advice after his car was taken into control, as required by Regulation 12. Therefore, the agent's fees and disbursements are disallowed to the extent required by the regulation.

Court Disposition

Application granted in part; enforcement agent's fees and disbursements disallowed under Regulation 12.

Orders

  • Enforcement agent's fees and disbursements of approximately £685 disallowed to the extent required under Regulation 12.