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You can find the current article at its original source at http://www.guardian.co.uk/money/2013/jan/25/bailiffs-powers-curbed-debt-charities-missed-opportunity
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| Bailiffs have powers curbed, but debt charities lament 'missed opportunity' | Bailiffs have powers curbed, but debt charities lament 'missed opportunity' |
| (about 2 hours later) | |
| Bailiffs are to be banned from entering homes after 9pm or when only children are present, under laws announced to protect vulnerable people in debt. | Bailiffs are to be banned from entering homes after 9pm or when only children are present, under laws announced to protect vulnerable people in debt. |
| However, debt charities have warned the measures do not go far enough to protect people from aggressive enforcement practices, and are calling on the government to appoint an independent regulator for the bailiff industry. One charity called the measures "a missed opportunity" to change bad practice. | However, debt charities have warned the measures do not go far enough to protect people from aggressive enforcement practices, and are calling on the government to appoint an independent regulator for the bailiff industry. One charity called the measures "a missed opportunity" to change bad practice. |
| The safeguards, introduced by the Ministry of Justice, will prevent bailiffs from visiting a property outside the hours of 6am-9pm; from using force against people who owe money; and from fixing their own enforcement fees – the government is introducing a set fee structure designed "to end excessive and multiple fees". | The safeguards, introduced by the Ministry of Justice, will prevent bailiffs from visiting a property outside the hours of 6am-9pm; from using force against people who owe money; and from fixing their own enforcement fees – the government is introducing a set fee structure designed "to end excessive and multiple fees". |
| The MoJ says that for debts of less than £1,500 bailiffs will only be able to charge £230 no matter how many visits they have to make to get payment, whereas now they can charge multiple fees. But bailiffs can also charge a £75 administration fee, meaning people with small debts could end up paying £305 in total under the new rules. | |
| A spokesman for the Money Advice Trust (MAT) said: "This is disappointing as £305 is an excessively high fee to charge vulnerable people already in debt." | |
| The government said landlords would also be banned from using bailiffs to seize property for residential rent arrears without going to court, and bailiffs must undergo mandatory training and pass a certification scheme before going into business – those who do not will be barred from the industry. | The government said landlords would also be banned from using bailiffs to seize property for residential rent arrears without going to court, and bailiffs must undergo mandatory training and pass a certification scheme before going into business – those who do not will be barred from the industry. |
| The changes will be made by making minor amendments to the yet-to-be implemented Tribunals, Courts and Enforcement Act 2007, which is currently progressing through parliament. | The changes will be made by making minor amendments to the yet-to-be implemented Tribunals, Courts and Enforcement Act 2007, which is currently progressing through parliament. |
| Justice minister Helen Grant said: "These new laws will clean up the industry and ensure bailiffs play by the rules or face being prevented from practising. They will also make sure businesses and public bodies can collect their debts fairly." | Justice minister Helen Grant said: "These new laws will clean up the industry and ensure bailiffs play by the rules or face being prevented from practising. They will also make sure businesses and public bodies can collect their debts fairly." |
| But Citizens Advice, the MAT and the StepChange debt charity all called for an independent regulator for the bailiff industry, claiming the measures did not provide for an effective complaints procedure and will do nothing to stop poor conduct by bailiffs. | But Citizens Advice, the MAT and the StepChange debt charity all called for an independent regulator for the bailiff industry, claiming the measures did not provide for an effective complaints procedure and will do nothing to stop poor conduct by bailiffs. |
| Delroy Corinaldi, StepChange's external affairs director, said: "Financially vulnerable debtors will continue to face unnecessary hardship and undue stress if there is not independent oversight of bailiffs. Without a clear standard on affordable repayments and independent oversight of firms, the new fee structure may in fact add to the problems some of our clients face." | Delroy Corinaldi, StepChange's external affairs director, said: "Financially vulnerable debtors will continue to face unnecessary hardship and undue stress if there is not independent oversight of bailiffs. Without a clear standard on affordable repayments and independent oversight of firms, the new fee structure may in fact add to the problems some of our clients face." |
| Citizen Advice's chief executive, Gillian Guy, said: "The measures don't get to grips with the fundamental flaw – a lack of proper controls and consequences for bailiff firms." | Citizen Advice's chief executive, Gillian Guy, said: "The measures don't get to grips with the fundamental flaw – a lack of proper controls and consequences for bailiff firms." |
| She added: "The government should put its full weight behind making sure bailiffs are behaving appropriately by setting up a licence system which sees errant firms struck off." | She added: "The government should put its full weight behind making sure bailiffs are behaving appropriately by setting up a licence system which sees errant firms struck off." |
| Joanna Elson, chief executive of the MAT, said: "There is no clarity that the new fee structure will not increase what bailiffs can charge people in debt. | Joanna Elson, chief executive of the MAT, said: "There is no clarity that the new fee structure will not increase what bailiffs can charge people in debt. |
| "The frequent bad practice we see in the industry tarnishes their reputation and weakens their ability to play a positive role in making sure debts are repaid fully and in a sustainable manner – these announcements represent a missed opportunity to change that." | "The frequent bad practice we see in the industry tarnishes their reputation and weakens their ability to play a positive role in making sure debts are repaid fully and in a sustainable manner – these announcements represent a missed opportunity to change that." |
| Figures released today by the MAT show a sharp, long-term trend in calls to its National Debtline service for help with council tax arrears, with one fifth of the calls made to the service in 2012 asking for help for this type of debt. In the past five years, calls for help with council tax have increased 40%. The charity estimates this rise is partly down to the increasing use of bailiffs to collect debts owed to local authorities. | Figures released today by the MAT show a sharp, long-term trend in calls to its National Debtline service for help with council tax arrears, with one fifth of the calls made to the service in 2012 asking for help for this type of debt. In the past five years, calls for help with council tax have increased 40%. The charity estimates this rise is partly down to the increasing use of bailiffs to collect debts owed to local authorities. |
| There are 2,000 registered bailiffs in England and Wales who between them chase 3.5m enforcements a year. | There are 2,000 registered bailiffs in England and Wales who between them chase 3.5m enforcements a year. |