ENFORCEMENT AGENT CAUTION NOTICE Ref: PK/EA/YourInitials/2022/###

FROM:

[1 - Your name]

[2 - address]

[3 – your email address]

[4 - Date]

TO: 

[5 – First and Surname of Head of the Council], and [their office], [their email address], and

[6 – First and Surname of Head of Revenue], and [their office], [their email address], and

[7 - First and Surname of the Councils Monitoring Officer], and Council Monitoring Officer, [their email address], and

[8 - First and Surname of any other people whom have], and [their office], [their email address], and

[9 - Councils name and address as detailed on Bill], [their email address], and

 

[10 - All the directors of Enforcement Agency and their email address –

check companies House and their website], and

[11 - any other people whom have corresponded and their email address], and

[12 - Enforcement Agency Company name and address as detailed on Bill and their email address]

 

Dear [13 - all of the council people by first name only] and [14 - Name of Council], and [15 - all of the Enforcement Agents People by first name only] and [16 - Name of Enforcement Agents Company]

CAUTION NOTICE IN RESPECT TO YOUR CLAIM REF [17 - their liability order or enforcement notice reference]

Notice to principal is notice to agent; notice to agent is notice to principal

CEASE your claimed enforcement rights, and DESIST until this dispute is settled.

Email service in accordance with precedence PT-2018-000160: note of hearing on 01/03/2018, before Chief Master Marsh.

 

1. Further to your attached claim, in accordance with section 76 of the Magistrates Court Act 1980 ^[1]("MCA1980") if issued by a Magistrates Court, or section 85 of the County Courts Act 1984^[2] ("CCA1984") if issued by a County Court, I require you to provide evidence for the lawfulness of your claimed enforcement powers.

 

2. Under your obligations under Schedule 12 of the Tribunals Courts Act 2007^[3] ("TCA2007") you must legally provide me with the following evidence to support any claimed rights:
   • The details of the court issuing the liability order which creates your right and my alleged obligation, and
   • The case number, and
   • The details of the issuing judge, and
   • The details of the court issuing the warrant of control, and
   • The case number, and
   • The details of the issuing judge, and
   • Your authority of enforcement, and
   • Details of any attending agents so they can be verified before they attend.

 

3. Until you have provided this evidence you now have no lawful authority, and hence must cease your claimed beliefs, and desist any further action until you have provided the listed evidence, and
   • Any charges to date are unlawful under Section 66(1)(a) and (b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007^[4], and
   • Harassment of debtors under section 40(1) of the Administration of Justice Act 1970^[5], and

 

4. Should you fail to provide the required evidence within 7 days you are hereby notified that any further actions amounts to:
   • Harassment under section 1.(1)(b) of the Protection from Harassment Act 1997^[6] ("PFH1997"), being in breach of section 1.(1A)(c)(i) and (ii), and should you not cease and desist your conduct will be causing fear, alarm and distress which can result in a sentence of up to 10 year imprisonment if convicted under section 4., or up to 6 months under section 2, and or a fine, and
   • Harassment of debtors under section 40(1) of the Administration of Justice Act 1970^[7], and
   • Fraud under section 7 of the Fraud Act 2006^[8].

 

5. In addition should you not cease and desist until you have proven your lawful right and my obligation then you will be breaching my peace and thereby committing a trespass against myself, and will be charged £500 per hour or part hour payable within 7 days for each incidence relating to this matter for the trespass, including further correspondence which is a trespass upon my time if it either makes claims that you have no lawful right to make, or you create further dispute where none exists.

 

[18 - your first name only]                                                [19 - date]

 

[1] https://www.legislation.gov.uk/ukpga/1980/43/part/III

[2] https://www.legislation.gov.uk/ukpga/1984/28/section/85

[3] https://www.legislation.gov.uk/ukpga/2007/15/schedule/12

[4] http://www.legislation.gov.uk/ukpga/2007/15/schedule/12/paragraph/66

[5] http://www.legislation.gov.uk/ukpga/1970/31/section/40

[6] https://www.legislation.gov.uk/ukpga/1997/40/contents

[7] http://www.legislation.gov.uk/ukpga/1970/31/section/40

[8] http://www.legislation.gov.uk/ukpga/2006/35/section/7