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Bailiff industry still problematic, say charities Bailiff industry still problematic, say charities
(about 3 hours later)
Bailiffs are continuing to intimidate vulnerable people in financial difficulty, despite a government crackdown on the issue, a group of charities has warned.Bailiffs are continuing to intimidate vulnerable people in financial difficulty, despite a government crackdown on the issue, a group of charities has warned.
In 2014, following a stream of complaints, the government strengthening protections against aggressive bailiffs, but there has been little improvement and abuses are still “widespread”, according to the group which includes StepChange Debt Charity, the Children’s Society, Christians Against Poverty, Citizens Advice and the Money Advice Trust (MAT). In 2014, following a stream of complaints, the government strengthened protections against aggressive bailiffs, but there has been little improvement and abuses are still “widespread”, according to the group which includes StepChange Debt Charity, the Children’s Society, Christians Against Poverty, Citizens Advice and the Money Advice Trust (MAT).
The charities, which have compiled evidence of ongoing problems in the industry, have written to justice secretary Liz Truss urging a fundamental reform of bailiff law. They have called on the industry to be independently regulated and for a free, clear process to complain about bailiffs to be introduced.The charities, which have compiled evidence of ongoing problems in the industry, have written to justice secretary Liz Truss urging a fundamental reform of bailiff law. They have called on the industry to be independently regulated and for a free, clear process to complain about bailiffs to be introduced.
Bailiffs (or enforcement agents) collect debts owed to local authorities, the tax man and other public sector bodies such as the Child Maintenance Service, consumer credit lenders and utility companies. They can also be used to enforce criminal court fines such as those for non-payment of a TV licence. In most cases court action is required before bailiffs can be used.Bailiffs (or enforcement agents) collect debts owed to local authorities, the tax man and other public sector bodies such as the Child Maintenance Service, consumer credit lenders and utility companies. They can also be used to enforce criminal court fines such as those for non-payment of a TV licence. In most cases court action is required before bailiffs can be used.
Joanna Elson, chief executive of the MAT, the charity that runs National Debtline, said: “Concerns over the impact of the bailiff’s knock at the door have long been raised by debt advice charities, based on the experiences of our clients week in, week out.Joanna Elson, chief executive of the MAT, the charity that runs National Debtline, said: “Concerns over the impact of the bailiff’s knock at the door have long been raised by debt advice charities, based on the experiences of our clients week in, week out.
“Unfortunately, changes to the law in 2014 have failed to protect people in debt from poor practice, and we continue to see widespread problems with the behaviour of bailiffs and bailiff firms.”“Unfortunately, changes to the law in 2014 have failed to protect people in debt from poor practice, and we continue to see widespread problems with the behaviour of bailiffs and bailiff firms.”
Research for the report, which spoke to 1,400 people who had been visited by a bailiff in the past six months, found that nearly a quarter (24%) had tried to arrange repayment over the phone, but saw the bailiff insist on visiting anyway. It also said that the structure of bailiffs’ fees acts as an incentive to visit people’s homes.Research for the report, which spoke to 1,400 people who had been visited by a bailiff in the past six months, found that nearly a quarter (24%) had tried to arrange repayment over the phone, but saw the bailiff insist on visiting anyway. It also said that the structure of bailiffs’ fees acts as an incentive to visit people’s homes.
Nearly a fifth (17%) of those surveyed said they were not contacted by the bailiff before they visited.Nearly a fifth (17%) of those surveyed said they were not contacted by the bailiff before they visited.
Mike O’Connor, chief executive of StepChange Debt Charity, said: “Our research shows that the 2014 bailiff reforms are not working. The reforms have not delivered the improvements that are needed and are failing some of the most vulnerable people in our society.”Mike O’Connor, chief executive of StepChange Debt Charity, said: “Our research shows that the 2014 bailiff reforms are not working. The reforms have not delivered the improvements that are needed and are failing some of the most vulnerable people in our society.”
The report also claims that the scale of bailiff use is significant and growing. Last year, Citizens Advice helped people with 82,000 issues related to bailiff action – with 57,000 issues related to bailiff enforcement of council tax debt alone.The report also claims that the scale of bailiff use is significant and growing. Last year, Citizens Advice helped people with 82,000 issues related to bailiff action – with 57,000 issues related to bailiff enforcement of council tax debt alone.
A spokeswoman from HM Courts and Tribunals said: “The government is clear that aggressive enforcement action is not acceptable. Protecting the rights of the public is our top priority, which is why we’ve introduced robust rules on what goods an enforcement agent can or cannot take, how and when they can enter premises and what fees they can charge.”A spokeswoman from HM Courts and Tribunals said: “The government is clear that aggressive enforcement action is not acceptable. Protecting the rights of the public is our top priority, which is why we’ve introduced robust rules on what goods an enforcement agent can or cannot take, how and when they can enter premises and what fees they can charge.”
Vernon Phillips, director general of the Civil Enforcement Association (CIVEA), which represents the industry, said: “It’s clear from the most recent local authority survey evidence that the system is working better than before the new regulations came into force, but we are keen to ensure any continuing concerns are tackled effectively.
“We are currently in conversation with the advice sector organisations, and we are hoping they will be able to share specific evidence with us of where practice can be improved, so that we can work with them to do that.”