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BAILIFFS
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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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