BAILIFFS

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Bailiffs broke into a man’s home and sprayed chemicals in his dog’s eyes over an unpaid gas bill... then realised they’d targeted the wrong person. Matthew Swale was terrified when a gang of men turned up at 7am, hammering on his door and yelling at him to open up. They pumped chemical spray through the letterbox at his barking labrador then finally stormed in through the back door determined to rip out his gas meter.

Npower sent in bailiffs as a previous tenant owed them £980 but he had moved out weeks earlier. Now Matthew says he has been left £750 out of pocket by vet and repair bills. He moved into the rented railway cottage in Grimsby with housemate Melanie Cunningham at the beginning of September and says he and his landlady phoned supplier Npower to inform them of the change in tenant.

Despite this, a court order was granted for the bailiffs to enter the property, take out the gas meter and replace it with a pre-pay one. Matthew was woken by loud banging on his door. He said, “I looked out of the window and saw a group of men wearing scruffy hoodies and tracksuit bottoms who had driven up in a pick-up truck."

He added, "The man in charge was shouting, ‘It will make your life a lot easier if you answer the f***ing door.’ Three of them were sitting on the bonnet of my car. I thought they looked dangerous. They were kicking my front door and trying to open it with a crowbar. My flatmate was in tears. I didn’t let them in because they refused to tell me who they were.”

As Mr Swale’s labrador Jake was barking, one of the men tried to catch him through the letterbox with a net, then sprayed dog deterrent in his eyes. After failing to get in through the front, the bailiffs broke in round the back. Matthew called the police and had to show the bailiffs his tenancy agreement and driving licence to convince them he was not the man they were after.

He said, “Then they just left without saying anything. I took Jake to the vet, and they had to keep him in overnight. Altogether it cost me £350.” He said it cost a further £400 to repair the two damaged doors. My work is barely bringing in enough to pay the rent, so this has left me completely skint. Since it happened I have telephoned Npower dozens of times but nothing has been done.”

A spokesman for the firm admitted Mr Swale’s landlady had informed them there was a new tenant, but insisted Mr Swale had not telephoned them. He said the bailiffs used a ­recommended dog spray called Bite Back which is said to be harmless with no lasting effects.

He insisted the doors were not damaged by the bailiffs and said there was “no ­evidence of swearing” by them. The spokesman added, “We cannot stress enough the importance of letting your energy supplier know as soon as you move in to make sure you’re not picking up the previous tenant’s bills.” So that's alright then? (Source: Sunday Mirror, Nov/11)

The Ministry of Justice has announced plans to protect householders from unscrupulous bailiffs. Justice Minister Maria Eagle said the new rules would raise the level of bailiffs' professionalism. They will receive more training and will need to pass qualifications. She said, "People have a right to recover their debts, but no-one should have the right to threaten, bully or intimidate." The plans were announced in the government's response to a consultation paper, entitled Regulation of Enforcement Agents.

The Ministry of Justice says it will ensure a common set of standards across the debt enforcement industry, and will "look in detail" at instituting a complaints procedure. Citizens' Advice, which offers free advice to people on a range of issues including debt and civil rights, said bad behaviour on the part of bailiffs trying to recover debts was all too common. The Enforcement Services Association already provides a code of conduct for its members, but it does not oppose a new regulatory framework for the industry.

The ESA said, "The Association has been a strong supporter of the government’s enforcement review and has given clear and consistent support to the proposals for a regulatory/licensing regime. The entire enforcement profession should not be condemned by the actions of a minority. The Association and its membership continues to work for higher standards within the industry." (Source: BBC News, Mar/08)

The government has been accused of trampling on individual liberties by proposing wide-ranging new powers for bailiffs to break into homes and to use “reasonable force” against householders who try to protect their valuables. Under the regulations, bailiffs for private firms would for the first time be given permission to restrain or pin down householders. They would also be able to force their way into homes to seize property to pay off debts, such as unpaid credit card bills and loans. The government, which wants to crack down on people who evade debts, says the new powers would be overseen by a robust industry watchdog. However, the laws are being criticised as the latest erosion of the rights of the householder in his own home.

Bailiffs have for hundreds of years been denied powers to break into homes for civil debt or to use force against debtors, except in self-defence. Ministers have now proposed bailiffs be given powers to physically remove debtors who try to defend their property, for example by draping themselves over a car or blocking the door of their home. Lord Bach, a junior justice minister, has assured the House of Lords that any new powers will be implemented only after a consultation and will not be used to search debtors’ pockets or to remove jewellery. Her Majesty’s Courts Service has already handed out guidance to privately employed bailiffs, pointing out that under legislation passed in 2004 they can already break down doors as a last resort to collect court fines.

Some restraint should be exercised, according to the “search and entry powers” guidelines. “If a person locks himself in their home, it might be reasonable to break open the door, but probably not to smash a hole in the wall,” it advises. Details of the new guidelines were obtained under freedom of information laws. They say homes should not be broken into when nobody is in. Reasonable grounds for breaking down the door include the “movement of a curtain”, a radio being heard or a figure being spotted inside which “may be the offender”. It is claimed these powers are already abused. In one case, an 89-year-old grandmother returned home to find a bailiff sitting in her chair having drawn up a list of her possessions. He was pursuing a parking fine owed by her son, who did not even live at the address. (Source: Times Online, Dec/08)

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