MP's to tackle the bailiff industry in a House of Commons debate today !!!

[tomtubby]

If anyone is able to do so, it would be worth watching a "catch up " version of a speech this afternoon from the Parliament Channel as Coventry JMP Mr Jim Cunningham MP secured a Commons debate about the bailiff industry. The following is a "word" version of an article that appeared in yesterday's edition of the Coventry Telegraph that provides background.....

 

 

 

A COVENTRY MP has secured a Commons debate tomorrow about the treatment of vulnerable people by council-hired bailiffs following a Telegraph investigation.

 

The ten-minute rule bill scheduled for 2.30pm on Tuesday has been brought by Coventry South Labour MP Jim Cunningham, who wants the government to provide more protection for vulnerable people from inappropriate bailiff visits.

 

Last October the Telegraph uncovered practices in Coventry including a failure by council-hired bailiffs to report vulnerable cases back to the council in line with government guidelines.

 

We also highlighted excessive and multiple charges by bailiffs which heaped unexplained charges onto the unpaid debts of the sick and disabled for council tax or parking fines.

 

 

Thirty MPs have also signed Mr Cunningham’s early day motion calling on the government and councils to ensure bailiffs adhere to the national guidelines, and regulations over charging limits.

 

Tomorrow’s debate, which will raise the Telegraph’s findings, comes after the House of Lords last month voted against the government in calling for better regulation of the bailiff industry.

 

The crossbench peer, Baroness Meacher, had tabled an amendment to the crime and courts bill which would allow people who feel mistreated by bailiffs to appeal to an ombudsman.

 

Our investigation highlighted how a mother from Eastern Green on NHS suicide watch had charges heaped on to her bill, and faced repeated threats of her possessions being seized – even though we saw evidence she was paying back her parking fine debts through agreed payments.

 

A disabled woman from Walsgrave with a stress-related condition had also agreed a payment plan by instalments, yet she received 10 threatening letters in two days demanding she paid thousands of pounds in full.

 

Coventry Citizens’ Advice Bureau also claimed government vulnerable persons’ guidelines were being breached, including in the way the council’s hired bailiff, Newlyn Plc, handled the case of a cancer sufferer.

Mr Cunningham will tomorrow raise local and national concerns, including those contained in a damning local government ombudsman’s report published last month.

 

He is backing its recommendations, which include ensuring councils only charge fees in line with national regulations; provide clear details of their charges; make proper checks when levying vehicles; and exercise caution with potentially vulnerable debtors.

 

Mr Cunningham said the debate would raise the profile of the issue just weeks before the Ministry of Justice is finally expected to report back on a delayed review of the bailiffs industry.

 

He added: “I want to not only put pressure on the government to implement the recommendations of the Local Government Ombudsman’s report and others, but to give a date when they will be implemented.”

 

The council has been reviewing its bailiffs’ arrangements with Coventry CAB since the Telegraph’s investigation

[tomtubby]

The speech was scheduled to start at 2.30 but was 30 minutes earlier.

 

Mr Cunningham "commended the Bill" to the House. There were no objections. A second reading has been scheduled for Friday 25th January 2012.

 

Interesting times ahead.......

[1Loretta]

Excellent is someone starting to listen?

[Sparks_]

I missed it? Bother, I am listening to the PM spout how good he is on keeping benefits down....what a W****r

[lamma]

"The crossbench peer, Baroness Meacher, had tabled an amendment to the crime and courts bill which would allow people who feel mistreated by bailiffs to appeal to an Ombudsman." NOT a good idea in my opinion.

[brassnecked]

"The crossbench peer, Baroness Meacher, had tabled an amendment to the crime and courts bill which would allow people who feel mistreated by bailiffs to appeal to an Ombudsman." NOT a good idea in my opinion.

Agreed lamma, definitely not, as an Ombudsman can "Report" and "Recommend" but has no actual legal sanction to apply.

[tomtubby]

The Ministry of Justice will now be under serious pressure to get something done about this frankly dreadful bailiff industry ( which is hopelessy OUT OF CONTROL !!

[lamma]

Just the excuse they need to proceed with Tribunals, Courts and Enforcement Act 2007

[old bill]

What is needed is body that can regulate the two most out of control industries in the UK - the civil enforcement industry and the private security industry. Although the Security Industry Authority (SIA) was set up to police the private security industry, it is a regulator that has been pretty much neutered by the politicians and is totally ineffective. As we all know, the police are totally clueless about bailiff law and so is ACPO.

 

What is needed is a regulator who can police the civil enforcement and private security indsutries without right-wing politicians doing their usual brand of hand-wringing, "Oh dear, we can't shackle private business," and allowing a situation to develop where the safety of the public is put at significant risk and those employed within the two industries are permitted to behave in a criminal manner with impunity.

 

My proposal is for an agency, a Community Interest Company (CIC) (a not-for-profit entity which is similar to a charitable company), called the Civil Enforcement & Security Regulation Agency (CESRA) to be set up to not only licence bailiff and security businesses, but to have the ability to employ mobile enforcement teams, equipped with statutory powers, similar to the police, but with the additional power to overrule police officers, where necessary, and to arrest those employed within the civil enforcement and private security industries who feel the law doesn't apply to them. Such teams would attend incidents involving certificated bailiffs, HCEOs and private security personnel. A statutory provision to require police officers to summon CESRA enforcement teams to an incident is a must. This is only a proposal, but it is something the politicians need to consider and take seriously, otherwise people are going to be seriously injured or, even, killed, by the Rent-A-Thug elements that inhabit the civil enforcement and private security industries.

[brassnecked]

I agree with Ob on this one there has to be accountability, and a proper complaints track with real teeth to bite the rogue elements imho

[ploddertom]

No doubt the Government would come back with their own organisation - Association of Recovery & Security Enforcement

[brassnecked]

No doubt the Government would come back with their own organisation - Association of Recovery & Security Enforcement

 

Most likely, toothless or with rubber teeth like a Re-Pet from the 6th Day

[tomtubby]

Jim Cunningham's speech in the House of Commons yesterday can be read by way if the following link:

 

 

http://www.publications.parliament.uk/pa/cm201213/cmhansrd/cm130108/debtext/130108-0002.htm#13010834001174

[brassnecked]

Hopefully they will do something at last

[HCEOs]

Once part 3 of the TCE Act is in the charging structure will be transparent. Unfortunately, that doesn't protect the vulnerable from facing these charges and it is this that needs clearer clarification and regulation.

[brassnecked]

Once part 3 of the TCE Act is in the charging structure will be transparent. Unfortunately, that doesn't protect the vulnerable from facing these charges and it is this that needs clearer clarification and regulation.

That is the nub of the issue, as many facing this will already be unable to afford the original debt and are unlikely to ever repay the debt plus the extra bailiff charges in their lifetime.

[old bill]

No doubt the Government would come back with their own organisation - Association of Recovery & Security Enforcement

 

A commercial entity which looks after the interests of its members and not the public. We've seen this with the financial sector when the Tories deregulated it. The regulatory bodies they set up were as effective as chocolate fireguards.

 

The CESRA proposal I have put forward would be a regulator with teeth that bite and a bite that hurts. It's long-overdue. Making such a regulator a CIC means it has to operate for the benefit of the community. A number of former NHS PCTs have reformed as CICs to ensure commercial enterprises cannot muscle in and turn primary healthcare into a postcode lottery.

[ploddertom]

No doubt the Government would come back with their own organisation - Association of Recovery & Security Enforcement

 

A commercial entity which looks after the interests of its members and not the public. We've seen this with the financial sector when the Tories deregulated it. The regulatory bodies they set up were as effective as chocolate fireguards.

 

The CESRA proposal I have put forward would be a regulator with teeth that bite and a bite that hurts. It's long-overdue. Making such a regulator a CIC means it has to operate for the benefit of the community. A number of former NHS PCTs have reformed as CICs to ensure commercial enterprises cannot muscle in and turn primary healthcare into a postcode lottery.

 

Sorry I did this tongue in cheek & should have highlighted it earlier.

[old bill]

A.R.S.E. That describes the crackpot ideas the ConDem government come up with to a tee, PT.

[brassnecked]

@ ploddertom and oldbill :lol: