The traditional Forum of Enforcement Agents organised at the end of each year by the National Chamber of Enforcement Agents of France (CNHJ) was once again the occasion to inform our colleagues of the latest European developments in terms of justice, enforcement of legal decisions and the professionals responsible for the enforcement.
An annual event
This annual event is held over two days and enables the many participants to obtain precise information on current themes. A conference of professional information reserved exclusively to the enforcement agents is held at the end of the second day. It allows the president of the CNHJ to present his report of the past year and gives all those present the opportunity to express themselves.
The first day was honoured by the presence of Dominique Perben, the Minister of Justice. Jean-Claude Belot, president of the CNHJ had come to the end of his two-year mandate. Mr Perben appointed him Knight of the Legion of Honour, in front of all his French colleagues and the authorities present united in a great moment of emotion. It is always encouraging to note that the actions led by the profession of enforcement agent are recognised by its regulatory authorities. Let us hope that his successor, Yves Martin, will meet with the same success during his mandate.
Europe and outstanding payments
Amongst the themes raised, there is one that especially left its mark: ‘Europe and outstanding payments': what are the prospects for enforcement agents?'
The debates brought together Jacques Isnard, president of the UIHJ, Leo Netten, First Vice President of the UIHJ, Francis Guépin, former president of the CNHJ, member of the UIHJ, Mathieu Chardon, member of the Committee of the UIHJ as well as three colleagues from Northern France, Jean-François Bauvin, Vincent Charlet and Yves Pomar.
For over three hours, constitutional Europe was discussed in depth, as a necessity or a fatality that should incite us, according to Francis Guépin, a staunch believer in European cooperation, to be more aggressive, particularly in the domain of debt recovery. Francis Guépin's ideas were efficiently relayed and developed by our colleagues Jean-François Bauvin, Vincent Charlet and Yves Pomar, when they noted that the monopoly of French enforcement agents was in decline and that diverse legislative provisions had put a brake on the development of the profession, such as the law on excessive debt. Our colleagues insisted on the fact that enforcement agents should go into business and become specialists in debt recovery consultancy.
Reflection on the theme of outstanding payments
President Isnard, in a rousing speech for the French enforcement agents, insisted on the importance of reflection on the theme of outstanding payments and recovery, on an international scale. He insisted on the role that the French enforcement agents should play in raising awareness and indicated that the UIHJ had already taken the first steps by announcing the first conferences on debt recovery from the 8th of April 2004 in Brussels . Lastly president Isnard repeated that the enforcement agent is the only one to be able to offer debt recovery all the way from the amicable phase through to the forced recovery passing by the legal phase.
The Dutch system
In a very well-received speech, our colleague Leo Netten caused a reaction in the audience by presenting, as only he knows how, the ‘Dutch system'. Incontestable leaders in terms of debt recovery in the Netherlands, our colleagues the Gerechtsdeurwaarders are more successful in the highly coveted market of amicable and legal debt recovery that the recovery companies, because they account for over half of the market share. How have they achieved this? The Vice President of the UIHJ gave his answer to this question in direct, clear and precise terms, and not without a touch of humour. The conquest of the debt recovery market has been a clearly defined objective of our Dutch colleagues for more than twenty years.
After a great deal of reflection within the profession, which has led to the creation of networks covering the entire national territory, carefully studied contracts to satisfy a clientele of major givers of orders with ever increasing demands, in-depth market studies, and finally a beneficial reform of the profession brought about by the law of the 26th of January 2001, today the Dutch enforcement agents are an International and European example in the field. The enthusiastic reactions of the French colleagues and the many questions posed clearly demonstrated that the Dutch model is a source of great interest and that all those present agreed wholeheartedly with the principle evoked by Leo Netten: “the enforcement agent can do everything... better!”
A fast-developing European scene
The new developments on the European scene, which are always multiple and fast-moving, were presented by Mathieu Chardon. The European enforcement order for uncontested debts, still in the proposal phase when the Forum was held, has since been adopted . Our colleague indicated the main inherent difficulties in the application of this regulation, in particular the very notion of uncontested debt conception, which is not the same in the different States of the European Union. The European injunction to pay, currently still in the project phase (Green Paper) should lead to a regulation proposal in the coming months.
The profession of enforcement agent was also on the agenda for the Council of Europe, with the Recommendation Rec(2003)17 of the Committee of ministers of the Member States on the subject of the enforcement of legal decisions, adopted on the 9th of September 2003. This recommendation proposes a standard in terms of the enforcement of legal decisions and the professionals responsible for their enforcement. It is encouraging and particularly satisfying to note that this recommendation contains many of the ideas that the UIHJ has championed for many years: the status of the enforcement agent should be that of a top level professional, independent, objective and responsible, with an advanced initial and continued legal training formation , and should be able to easily gain access to information concerning the patrimony of the debtor.
