Progressive Property Ventures LLP V Mrozinski [2022] EWHC 1256 QB

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zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Progressive Property Ventures LLP V Mrozinski [2022] EWHC 1256 QB

Post by zeke »

https://www.bailii.org/ew/cases/EWHC/QB/2022/1256.html

Bailiffs may not recover fees from vulnerable debtors until they have complied with regulation 12 of the Taking Control of Goods (Fees) Regulations 2014

All my own work. But someone else got the credit for it.

But a super win for vulnerable debtors!
Mikeh65
Posts: 1
Joined: 19 Apr 2023 22:26

Re: Progressive Property Ventures LLP V Mrozinski [2022] EWHC 1256 QB

Post by Mikeh65 »

Do you know the case where the judge ruled that the side effects if medication made the person vulnerable. It was a sleeping medication. Thanks
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Progressive Property Ventures LLP V Mrozinski [2022] EWHC 1256 QB

Post by zeke »

You don't need a judgment to determine if a debtor is vulnerable. It's all in the evidence.

If a debtor fits into one or more of the conditions specified in paragraph 77 of the Taking Control of Goods National Standards published by the Ministry of Justice on 6 April 2014, then the debtor is a vulnerable person.

When bringing a detailed assessment for a vulnerable debtor under Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014, I always like to support it with evidence. The judge won't try to get around it.

The Mrozinski case is an excellent case that shows how a vulnerable debtor can bring an application for detailed assessment. During that hearing, the judge made many references to Rooftops South West Ltd & Ors v Ash Interiors (UK) Ltd & Ors [2018] EWHC 2799 (QB), the applicant, Mr Slocombe, was also my client.
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