New laws will crack down on bailiffs

Written By Unknown on Jumat, 25 Januari 2013 | 15.36

25 January 2013 Last updated at 02:34 ET
Helen Grant

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Helen Grant: "We are saying bailiffs are not going to be allowed to use force"

Laws to tackle aggressive bailiffs will be introduced next year in England and Wales, the government has announced.

Bailiffs will be banned from entering homes at night or where only children are present, and new safeguards will prevent them from using force against people who owe money.

They will also no longer have free rein to fix their own fees, because set fee scales will be brought in.

Justice Minister Helen Grant said the crackdown was badly needed.

Bad name

The bailiff industry is fragmented and partly unregulated, and there have been concerns from householders and businesses about heavy handed tactics employed to recover debts, says BBC legal correspondent Clive Coleman.

Mrs Grant said a small minority of bailiffs had been able to give the industry a bad name.

Continue reading the main story

"Start Quote

It is being reported to us from MPs and other organisations that there is bad practice, and we need to deal with it"

End Quote Helen Grant Justice Minister

She also said the fees charged were sometimes "extortionate".

Following a Ministry of Justice consultation last year, the government will legislate next year to introduce new measures to combat the problem.

Mandatory training and a new certification process for bailiffs will be introduced.

Rent arrears

There will be a set of simple rules detailing when a bailiff can enter a property, what they can take and a fee structure to end excessive and multiple charges.

Landlords will be banned from using bailiffs to seize property for rent arrears, without going to court.

Mrs Grant said: "Bailiffs will not be able to use force against the person and they will not be able to enter any homes with just children there.

"There are some very good bailiffs around, don't get me wrong - but it is being reported to us from MPs and other organisations that there is bad practice, and we need to deal with it."

Companies, councils and courts all use bailiffs to collect money owed to them.

Continue reading the main story

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They intimidate and they bully, and they overcharge"

End Quote Sian Meredith Campaigner

Sian Meredith, a victim of bad behaviour from bailiffs and a campaigner, said the legislation was long overdue and "very badly needed".

Recounting her own experience, she said: "I purchased a property and it was the debt of the previous owner who had left two years previously. It was a very old debt.

"They were threatening to clamp and remove vehicles and I was powerless to stop them. It took the involvement of my member of Parliament to stop them.

"They intimidate and they bully, and they overcharge. Overcharging is one of the main issues.

"I think the government are only really scratching the surface of this. I mean there's no mention of an independent regulator in what's being proposed... or a proper complaints procedure.

"I can't see a lot changing, other than the fact that the government are going to enforce the charging structures, which is the main good news about this."


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