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I am trying to find out what the new law will actually mean in practice (appreciate it's still being hammered out at the moment).

 

As I understand it, currently a creditor has to ask for a County Court bailiff to enforce a judgment and if the person refuses entry, then they have to back to court and ask a Judge to sign off a forced entry. Have I got that right?

 

Does it then mean that under the new law, once they have a judgment, they can basically ring up any private bailiff in the Yellow Pages, who can go round, force entry and remove belongings regardless. Are there any steps or stages that they need to go through first.

 

Also, any idea what will happen to judgments over 6 years. Although they are enforceable indefinately, apparently this can only be done with the "permission of the court". Does the new law change this?

 

 

Still gobsmacked that a labour government is bringing this in... I have never had cause to write to my MP, but on this occasion, I will certainly be doing so.

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I think that there will have to be many attempts to try and locate the debtor before the court issues the bailiff to force entry.

 

At the moment with magistrate court fines, if the debtor is persistant and refuses entry, the magistrate court after consultation will allow a bailiff through the door.

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"I think that there will have to be many attempts to try and locate the debtor before the court issues the bailiff to force entry."

 

Do you mean that's how things currently stand, or how you would expect it to be with the new law.

 

My main worry about this new law that it changes the "balance of power" between creditor and debtor. I.e. the threat of it's use more than the actual use.

 

At the moment, forcing entry is relatively hard to do, so creditors do try and come to amicable arrangements with debtors (well mostly). Also, while they may "try it on" by adding additional charges and interest onto the CCJ, these usually evaporate when challenged, especially if they feel that it will go in front of a judge.

 

However, if creditors feel that they have the "upper hand" because they can "send in the bailiffs" at a whim and force entry without having to go in front of a judge again, they may become far less accomodating than they are at the moment (which isn't saying much for some of the cowboys).

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Still gobsmacked that a labour government is bringing this in... I have never had cause to write to my MP, but on this occasion, I will certainly be doing so.

 

You can check whether your MP has signed the EDM regarding the new Act, here -

 

EDMDetails

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I think that there will have to be many attempts to try and locate the debtor before the court issues the bailiff to force entry.

 

Will these "attempts" be similar to the phantom "visits" that they currently often claim to have made (and try to charge for)?

 

ie WHO will police this?

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ie WHO will police this?

 

Exactly. I heard that the Bill will include "a FRAMEWORK for regulation".

 

Sorry, but that is close to useless. I would rather it wasn't included at all, because all it will do is give the industry a defence to say, "ah, now we are a fully regulated industry" while carrying on as normal.

 

With the DPA and CCA, we know that various organisations charged with enforcing it don't take up individual cases and only threaten to take a block action if there are sufficient complaints.

 

All that does is stop potential future abuses. It doesn't compensate the injured party for the abuses that have already happened.

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Exactly. I heard that the Bill will include "a FRAMEWORK for regulation".

 

Sorry, but that is close to useless. I would rather it wasn't included at all, because all it will do is give the industry a defence to say, "ah, now we are a fully regulated industry" while carrying on as normal.

 

With the DPA and CCA, we know that various organisations charged with enforcing it don't take up individual cases and only threaten to take a block action if there are sufficient complaints.

 

All that does is stop potential future abuses. It doesn't compensate the injured party for the abuses that have already happened.

 

And the "regulation" hasn't even been decided upon yet !

Apparently it's not included in the Bill (they are going to "get round" to it sometime later !)

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