MoJ to ensure greater regulation of bailiffs
Aggressive bailiffs could be kept in check by new laws proposed by the Ministry of Justice (MoJ).
Its consultation paper, Transforming bailiff action, proposes legally binding reforms to create minimum entry standards and a certification process to ensure bailiffs are fit to operate. The paper also looks at remodelling the debtor’s complaints process; clarifying the circumstances under which a bailiff can enter property, what force they can use and what they can take; and clarifying the fees that they can charge.
It sets out unacceptable bailiff behaviour, such as misrepresenting their legal authority, threatening the use of force, inappropriately entering a property, seizing disproportionately valuable goods, and charging excessive fees.
Currently, there are no national standards for bailiffs or formal legal protection from heavy-handed tactics.
However, Gillian Guy, chief executive at Citizens Advice, says: “This review falls far short of protecting people in financial difficulty from the excessive and unfair practices carried out by bailiffs.
“While the re-coding of the law on bailiffs is welcome, without an independent regulatory body to oversee the bailiff industry, these reforms are unlikely to deal with the serious problems that we continue to see. We’re also disappointed at proposals which will lead to a massive increase in bailiff fees for enforcing council tax debts. Almost 70% of enquiries Citizens Advice Bureaux receive about bailiffs relate to council tax debt.
“The review does nothing to stop bailiffs in England increasing their fees for families already in dire straits from £42.50 to over £300.”
The consultation will close on 14 May.
