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22 February 2012
Issue: 7502 / Categories: Legal News
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Door to shut on aggressive bailiffs

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.

Issue: 7502 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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