Government announce today how they plan to regulate the Bailiff industry.

[tomtubby]

The enforcement and advice sector were taken by surprise late this evening when news channels contacted them for interviews in connection with the Press Release issued to the media last night outlining how the Ministry of Justice plan to regulate the bailiff industry. Included in the Press Release are the following:

 

 

Mandatory training scheme for bailiffs

 

Bailiffs who do not follow the rules will be barred

 

Stop bailiffs entering homes when children only are present

 

Stop bailiffs using force against debtors.

 

Bailiff will only be able to enter homes between 6am and 9pm

 

Will also legislate on a set of rules and fees detailing when the bailiff can entry property, what goods they can take and a fees structure which will end excessive and multiple fees.

 

Ensure vulnerable people will get assistance and advice

 

Train bailiffs to recognise vulnerable people.

 

The press release only provides a brief outline of the proposed changes and further details will be announced by the government in the morning. Interviews will be taking place on breakfast channels and radio stations in the morning so be sure to watch or tune in.

 

Good night..........

[caro]

Thanks for the heads up TT.

 

Much of this should go without saying but of course we know it doesn't. Let's hope this goes through quickly.

 

Good night.

[seanamarts]

this is going to be interesting.

 

I wonder how this is going to be implemented and when it is going to come into force.

[Andy01424]

http://www.bbc.co.uk/news/uk-21191318

 

wont come into force till next year

[biggeorge]

Lets hope they introduce a license scheme much like the SIA for security then at least 50% of the current bailiffs will be out of work.

I have no doubt that over 50% of them have a shady past with criminal convictions and those will stop them been employed as a bully debt collector.

 

George

[brassnecked]

Expect the likes of Rossendales, and marstons to "welcome" the regulation,. then lobby by the back door to dilute or squish them.

[Fulhamboy]

Its a step in the right direction but I wont hold my breath. As mentioned with multi million pound companies like Barstons and Rossers they will be lobbbying hard not to implement any changes.

Their money could buy a lot of influence. So ministers have finally decided to do something and

rein these rogue companies and bailiffs in. Hopefully CAG and its wonderful site have helped.

All of us can help by keeping up the pressure. One thing I would like to see changed is if you have a complaint against a bailiff you have to go through the companies complaint proceedure, which

would normally get you nowhere. An independent arbitrator with teeth should be used, ie once a

complaint received the bailiff and concrete evidence presented the bailiff should be arrested or

suspended immediatly

[Sparks_]

Its on breakfast TV now!

[outlawla]

New rules for bailiffs industry – Belfast Telegraph

[tomtubby]

It would appear to me that the government have little or no interest whatsoever in regulating this awful bailiff industry.

 

The Press release and interview with the new Justice Minister; Helen Grant is very dissapointing indeed.

 

By way of example the following was taken from the interview with the previous Justice Minister Jonathan Djanogly on 17thFebruary 2012:

 

Changes to laws governing bailiffs in England and Wales, such as the creation of a code of conduct, are being proposed by the Ministry of Justice.

 

The Justice Minister told the BBC that clarity was needed about what bailiffs were legally allowed to do and how people could report wrongdoing.

 

The proposals would include a ban on the use of force and detail what items bailiffs can and cannot take.

 

“There have been many complaints and concerns about the practices of a minority within the industry”

 

The government said it fears people do not have enough protection from the rogue practices of aggressive bailiffs.

 

The Justice Minister said the government had heard of rogue bailiffs carrying out "very bad behaviour".

 

“If we have a code, backed up by statute, where people know where they stand, then we think that a lot of these problems will go away”

 

"I mean knocking on people's doors in the middle of the night, going to people's homes when there are only children in, but a lot of it is to do with the fact that a lot of people don't know what to expect," he said.

 

The proposals, expected to be unveiled later, include a new regulatory body to oversee the industry, a new complaints process for debtors and clear fees so that people know what bailiffs can charge

 

 

 

 

 

The following is taken from the Ministry of Justice press release and the interview with the new Justice Minister; Helen Grant today:

 

 

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.

 

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

 

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

 

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.

 

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.

 

"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."

Edited January 25, 2013 by tomtubby

[ploddertom]

Until we see the actual meat on the bones it will be hard to comment. No doubt given past experience it will go off half cocked. I wouldn't hold your breath.

[1Loretta]

Its a step in the right direction but I wont hold my breath. As mentioned with multi million pound companies like Barstons and Rossers they will be lobbbying hard not to implement any changes.

Their money could buy a lot of influence. So ministers have finally decided to do something and

rein these rogue companies and bailiffs in. Hopefully CAG and its wonderful site have helped.

All of us can help by keeping up the pressure. One thing I would like to see changed is if you have a complaint against a bailiff you have to go through the companies complaint proceedure, which

would normally get you nowhere. An independent arbitrator with teeth should be used, ie once a

complaint received the bailiff and concrete evidence presented the bailiff should be arrested or

suspended immediatly

 

I agree bailiffs should be suspended as soon as a complaint is received either by their company of the Council who use them. At the moment there is no incentive to look into these complains in a timely fashion and the companies and councils make it very hard to get a complaint dealt with by delaying, not answering and being obstructive hoping that you will get fed up with it and give up, If the bailiff was suspeneded maybe on full pay the complaint may be dealt with quickly. My case has now been going on for 18 months and despite winning my Appeal against my convictions MSDC, Rossendales and their solicitors are still writing to tell me they don't believe it!

[HCEOs]

Expect the likes of Rossendales, and marstons to "welcome" the regulation,. then lobby by the back door to dilute or squish them.

 

Any company largely involved in the recovery of Local Government matters and HMCTS fines will welcome much of the regulations, especially the fee reform. The fees, as set out by Alexander Dehayen report in 2009, will now reflect the costs involved in enforcement but will also be clear and transparent. It is this last part that should be welcomed by all stake holders as for too long the fee structure has been difficult to understand and easily abused.

 

It will be interesting to see if the Government allows the annual percentage increase in line with inflation that he recommended as these fees will be 5 years out of date when implemented.

[tomtubby]

It is a shame that the Press Release last night failed to mention that the Government were publishing a 72 page document outlining the Government's response to the Consultation Paper on Bailiff Reform that ended last May. A copy of the full response can be accessed by way of the following link:

 

PS: You will need to scoll down to the end of the document under the heading of: RESPONSES:

 

https://consult.justice.gov.uk/digital-communications/transforming-bailiff-action

[outlawla]

It is a shame that the Press Release last night failed to mention that the Government were publishing a 72 page document outlining the Government's response to the Consultation Paper on Bailiff Reform that ended last May....

 

I've looked at a few pages of this guff and can't bring myself to read anymore. It's criminal these politicians have wasted so many hundreds and thousands of pounds of taxpayer's money putting this B.S together.

[brassnecked]

First impression not impressed

[lamma]

The enforcement and advice sector were taken by surprise late this evening when news channels contacted them for interviews in connection with the Press Release issued to the media last night outlining how the Ministry of Justice plan to regulate the bailiff industry. Included in the Press Release are the following:

 

 

Mandatory training scheme for bailiffs

 

Bailiffs who do not follow the rules will be barred

 

Stop bailiffs entering homes when children only are present

 

Stop bailiffs using force against debtors.

 

Bailiff will only be able to enter homes between 6am and 9pm

 

Will also legislate on a set of rules and fees detailing when the bailiff can entry property, what goods they can take and a fees structure which will end excessive and multiple fees.

 

Ensure vulnerable people will get assistance and advice

 

Train bailiffs to recognise vulnerable people.

 

The press release only provides a brief outline of the proposed changes and further details will be announced by the government in the morning. Interviews will be taking place on breakfast channels and radio stations in the morning so be sure to watch or tune in.

 

Good night..........

 

Isn't much, if not all, of this already in place (allegedly)? The Minister's words fill me with disappointment and gloom - could do better. Overall it makes my hackles rise, I suspect that this http://www.legislation.gov.uk/ukpga/2007/15/part/3is in the offing. I fully expect that my opinion of Government consultations will be borne put by my reading of it, If I can bring myself to do so, it is not high on my list..

[outlawla]

Isn't much, if not all, of this already in place (allegedly)?....

 

Exactly!

 

It's in place but optional.

 

There's also the Fraud Act which caters for much of the crime committed by bailiffs, but some agreement exists allowing every force to turn a blind eye if enforcement is involved.

[lamma]

Not optional, but disregarded. The effect is the same but the implications are vastly different.

[brassnecked]

Not optional, but disregarded. The effect is the same but the implications are vastly different.

They fall back on the excuse for HMCS, and Council tax, that as they are Statutory Debt, they reckon the rules can be ignored and the end justifies the means.

[PGH7447]

:violin:they had this on the Jeremy vine show on radio 2 today, some bailiff tried to justify their action -

[lamma]

They fall back on the excuse for HMCS, and Council tax, that as they are Statutory Debt, they reckon the rules can be ignored and the end justifies the means.

 

Have they put that in writing ! We did away with that sort of thing in the thirteenth century.

[brassnecked]

Have they put that in writing ! We did away with that sort of thing in the thirteenth century.

No it is still with us it's called Distress, they like to conveniently ignore laws that would land any of us in jail if we did what bailiffs get away with, Lorettas case is evidence of the way the system is bent, appeal won but still they won't acknowledge they were wrong.