The SIA is developing training programmes for Bailiffs. The public's view on the proposed specification is requested.

[tomtubby]

Lollipop...

 

 

EXCELLENT suggestions. Well done !!!

[seanamarts]

Ignore if this has been said before, but I think the creditors should inform the debtor especially council's when they intend to send the bailiffs with a leaflet or something similar which includes information of what a bailiff can and cannot do, this is to be provided by the bailiff company before any bailiff action commences, then not only can the debtor see what a bailiff can and cannot do but also the creditor, so if the bailiff does happen to over step the mark then the creditor has full knowledge and is not so quick to dismiss the debtor with excuses of ignorance. The bailiff company, when addressed by a creditor can then also send out the same information before a visit is made making the debtor aware of his/her rights and what is to be expected including their charges. I know most bailiff companies have this sort of info on their websites but not every one is privy to the internet.

Edited January 28, 2010 by seanamarts
early morning cock ups

[cirian75]

Exactly.

[hallowitch]

I think the creditors should inform the debtor especially council's when they intend to send the bailiffs with a leaflet or something similar

The Council Tax( Administration and Enforcement)(Amendment ) Regulations 1998

STATUTORY INSTRUMENTS 1998 No. 295

" Information preliminary to distress
45A. - (1) No distress shall be made under these regulations unless, no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied, the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.
 
(2) The matters are -
 

(a) the fact that a liability order has been made against the debtor;
 
(b) the amount in respect of which the liability order was made and, where this is a different amount, the amount which remains outstanding;
 
© a warning that unless the amount specified has been paid before the expiry of 14 days beginning on the date of the sending of the notice, distress may be levied;
 
(d) notice that if distress is levied further costs will be incurred by the debtor;
 
(e) the fees prescribed in Schedule 5 to these Regulations;
 
(f) the address and telephone number at which the debtor can communicate with the authority."
 

[spamheed]

I think that the issuing of a single document, by way of a statement/schedule either presented by the bailiff (on first visit) or sent recorded prior to the first visit. laying out the actions already taken and charges which have been/can be applied to the account by the bailiff.

 

With specific regard to the Complaints procedure, this really needs to be clearly defined and underpinned by legislation. I really cannot see this working if the org responsible for the registration of bailiffs, has no part in the investigation of complaints.

 

You could have the SIA happily renewing licences whilst another clerk elsewhere in another department happily pockets his (alleged) backhander to supress the 5 page list of complaints made against the individual in question. The paper trail needs to be continuous and seamless.

 

My own preference would be that licencing can only be approved if made with the support of an authorised body, ie, the courts, council etc (ideally with proof of an offer of employment subject to licencing) and so forth, that way liability for the bailiff can be placed firmly at those who have supported the application.

 

Also the licence should be with a stipulated employer, a change of employer should be recorded by the licencing body

[wonkeydonkey]

Local authorities must be made to realise it is no good them simply sitting behind a desk and repeating parrot fashion "its with the bailiff you must speak with them" they need to have control over the bailiff and be able to take each case on its merit and intervene where neccessary. Likewise bailiff companies should set up a central communications office to allow debtors give reason and offer payment without having to ring the bailiff direct, as often this is where the lies and threats start.

It should be classrom training for new police officers and those already in the field must also be made to attend a training course so they are fully aware of what a bailiff can and cannot do, with this encompassing role play on the various actions expected on several different situations.

 

wd

[seanamarts]

I think the creditors should inform the debtor especially council's when they intend to send the bailiffs with a leaflet or something similar

The Council Tax( Administration and Enforcement)(Amendment ) Regulations 1998

 

STATUTORY INSTRUMENTS 1998 No. 295

• " Information preliminary to distress
  45A. - (1) No distress shall be made under these regulations unless, no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied, the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.
   
  (2) The matters are -
  
  • (a) the fact that a liability order has been made against the debtor;
     
    (b) the amount in respect of which the liability order was made and, where this is a different amount, the amount which remains outstanding;
     
    © a warning that unless the amount specified has been paid before the expiry of 14 days beginning on the date of the sending of the notice, distress may be levied;
     
    (d) notice that if distress is levied further costs will be incurred by the debtor;
     
    (e) the fees prescribed in Schedule 5 to these Regulations;
     
    (f) the address and telephone number at which the debtor can communicate with the authority."
    

   

thats the sort of thing but in more laymans terms

[hallowitch]

the councils seam to be by passing this Legislation

how many come on here and say the had letter from the council before the bailiff called with the schedule 5 fee regulations and a contact name and address for someone from the council

[YANO BEMUSE]

Hmmm. For what its worth:- if a bailiff overcharges the debtor, or indeed, targets the wrong 'debtor' then he/she should face criminal charges, same if they don't correctly levy etc...

 

For example, the Police have to be 100% sure they can charge someone before doing so, otherwise it would open a can of worms in that the Police can be sued for wrongful arrest etc.. same should apply for bailiffs charging people money ('scuse the pun)

 

Bailiffs have special powers to seize people's goods and are 'protected' from certain laws, like trespass and harassment. This all assumes, of course, that they are doing their job properly. If they do something wrong, the action against them must depend on the seriousness of the wrong because everyone makes honest mistakes from time to time.

 

The problem with the SIA's proposal is that while they can ensure that bailiffs know the law better than many of them do now, they won't have any way of knowing if the bailiffs behave any better than they do now. It doesn't matter much if bailiffs are trained properly if they can them just ignore their training because the SIA won't deal with complaints.

[tomtubby]

Bailiffs have special powers to seize people's goods and are 'protected' from certain laws, like trespass and harassment. This all assumes, of course, that they are doing their job properly. If they do something wrong, the action against them must depend on the seriousness of the wrong because everyone makes honest mistakes from time to time.

 

The problem with the SIA's proposal is that while they can ensure that bailiffs know the law better than many of them do now, they won't have any way of knowing if the bailiffs behave any better than they do now. It doesn't matter much if bailiffs are trained properly if they can them just ignore their training because the SIA won't deal with complaints.

 

Another good point and this is yet another reason WHY this consultation really should have been done once we have seen the Consultation on the proposed regulations for bailiffs and the new fee scale.