Have you experience or a view on what action bailiffs should take?

MSE_Martin

21/03/07 UPDATE NOTE

There are actually a couple of laws covering bailiffs being debated in parliament at the moment and the government have decided to wait until the second law is passed before finalising the right of bailiffs to force entry to people's homes. This is good news but you can still complete the questionnaire (which is for the first law) if you have something to say.

This is what Vera Baird, the Constitutional Affairs minister, said:

"For too long there has been confusion about the rights of bailiffs and the rights of householders. This is especially important as we are often talking about some of the most vulnerable people in our communities.

"That's why we decided to bring in a range of safeguards to raise the professional standards of bailiffs and protect the public. Concerns have rightly been expressed about the right of bailiffs to force entry to people's homes.

"We have always said forced entry can only be used as a last resort and when all other avenues have been exhausted. Today, I'm happy to announce this power will not come into force until those bailiffs who are not Crown employees are licensed by an independent regulator. This will help to further protect the public."

The new safeguard is one of a range of measures in the Tribunals, Courts and Enforcement Bill designed to protect domestic householders. The new power of forced entry will only be available in strictly controlled circumstances, and with prior approval by a judge.

It will only apply to unpaid credit card debts where a judgment has been obtained in the High Court or County Court and only if all other payment methods - including instalment plans - have failed.

Original post:

What’s this about

There's a new law being debated in parliament that would mean bailiffs may be able to use force to enter peoples homes and debtors won’t be able to refuse them entry. Currently bailiffs, for debts like credit cards, are not allowed to even chase debts without a court order and then are only allowed to gain entry through an open window or door or with the debtors permission.

Normally I don't get political, but I believe this is a very dangerous threat. We have a massive debt problem in the UK, and there is a growing use of intimidatory tactics by debt collectors. This bill may legitimise that.

What you can do

Whether you agree with me or not, I would suggest you have your say by feeding into the public discussion on the options for the regulation of bailiffs, to let the Government know what you think.

You can do this by filling in a consultation questionnaire which asks 5 questions, but you don’t have to answer all five if you don’t want to. The main question is No 4 “Are there any particular issues that the Government should be aware of?” Once filled in you'll find the details of where to send it at the top of the questionnaire.

This is about bailiffs and other issues in the bill of course, not a free for all way to comment on government policy!

The deadline for comments is 25th April 2007.

• Further reading: Citizens Advice Price Release warning against this (the source of most of the commentary)
• News sources: BBC News Article, Guardian News Article, Times News Article.

Martin

I_was_a_fool

This is a very worrying development, bailiffs seem to have enough powers as it is. Government would be better concentrating on curbing the credit free for all that seems to have gotten entirely out of control!

BAILIFFCHASER

This government is soon going to make sure that when your in bed with yer missus a bailiff can check and make sure u r wearing a jhonny or something !!!

dethcreeper

I have just had a debt collection agency get in touch with me due to a complete whatsit by the CSA. told them CSA got it wrong and they said that I would have to get that information for them. I'm leaving this with my local MP to deal with as they seem to think it's ok to intimidate people over the phone let alone being given a free hand to do what they want full stop.

JDAdams

Personally I'm all for this as my only dealings with bailiffs involved sending them in to Citbank last week to recover my charges -this was the second time I'd had to do so. Got my money back now :-)

tripled

If people keep to the payment schemes agreed then surely it's not a problem. I know someone who regularly goes drinking down the pub, buys DVD's, etc but doesn't pay any bills except his electric which is on a meter, he simply hides whenever the baliffs come around and there is nothing they can do about it. If they could come in and take stuff it might encourage him to start paying what he owes!

inthesmellystuff

Nice to see this getting a proper airing. Bailiffs do not need any greater powers. This is just an exercise in saving Police time. But you would have thought with all the cameras that watch us, the Police would have an easier time or is just me who feels that cameras do not prevent incidents. But just gather evidence? Ramble over. This should be stopped you never know when your circumstances may change and I know this from my own experience.

sallyjo_2

I agree with Martin and the Citizens Advice Bureau. Has the CCCS made a formal statement about this?

This bill would give permission to the banks, the credit card companies, and (god forbid) those smaller third party companies who buy your debt at a knock down price to menace and threaten at will all persons who have fallen (through own fault or not) into debt. It will drive already stressed and many very vulnerable families into further debt and distress. Most people who visit this forum have experienced debt problems and have been driven to sleepless nights and severe distress over being harrassed by the banks and credit card companies over the phone and by letter. As if that isn't bad enough! Many of us are trying to deal with it, but its easier and quicker to fall in a debt hole than it is to climb out. We must all do our bit to make our voices heard regarding this!

It seems there is a concerted effort at the moment for lenders to gain more and more control:- through this bill and the bill that seeks for banks to share your financial information without your consent.

I also think that this bill has the potential to dramatically increase crime:- how easy it will be for conmen to exploit this proposed new power! And where will all of our goods go to? Can you imagine the black market potential of these seizures, and the potential to undermine and further stress legitimate businesses, and that effect on the economy? It's a nightmare scenario. Has no one in Parliament thought this out? ha stupid question!

markanddebbie3

what happens for people in rented accomodation.

Every house I havemoved into as a tennant I have had knocks on the door by people (once by a bailiff) looking to collect a debt from the previous tennant. What happens if the bailiffs aren't aware that the debtor has moved and forces entry and removes goods belonging to the new tennant. That would get very messy from a legal standpoint surely

linuxsapien

What bothers me is, there are previous tenants from where I live at the moment that are highly in debt.

o This has some what affected my own credit, very unfair!
o They get letters near enough daily, I can only imagine what they are for, but I do recognise some of the envelope formats.

So if someone has debt, no matter if they live here or not, this may mean someone can literally break into my home at any time they wish, just because of a previous tenant. Completely unethical and very frightening indeed.

Ballifs make peoples lives a misery as it is with their theatening letters and phonecalls. I thought this countries government cared (a little) but obviously if this law passes, they dont give a toss. For which, I hope each of the people that pass the law, get to feel a magnatude of depression and anxiety, just to see how millions feel already that dont have that money.

isayoldchap

sallyjo wrote: »

I agree with Martin and the Citizens Advice Bureau. Has the CCCS made a formal statement about this?

This bill would give permission to the banks, the credit card companies, and (god forbid) those smaller third party companies who buy your debt at a knock down price to menace and threaten at will all persons who have fallen (through own fault or not) into debt. It will drive already stressed and many very vulnerable families into further debt and distress. Most people who visit this forum have experienced debt problems and have been driven to sleepless nights and severe distress over being harrassed by the banks and credit card companies over the phone and by letter. As if that isn't bad enough! Many of us are trying to deal with it, but its easier and quicker to fall in a debt hole than it is to climb out. We must all do our bit to make our voices heard regarding this!

It seems there is a concerted effort at the moment for lenders to gain more and more control:- through this bill and the bill that seeks for banks to share your financial information without your consent.

I also think that this bill has the potential to dramatically increase crime:- how easy it will be for conmen to exploit this proposed new power! And where will all of our goods go to? Can you imagine the black market potential of these seizures, and the potential to undermine and further stress legitimate businesses, and that effect on the economy? It's a nightmare scenario. Has no one in Parliament thought this out? ha stupid question!

sallyjo
This bill would give permission to the banks, the credit card companies, and (god forbid) those smaller third party companies who buy your debt at a knock down price to menace and threaten at will all persons who have fallen (through own fault or not) into debt.

Exactly
Lloyds TSB sold one onto Link Financial,London.Thing is they hadn't realised
that the person who kindly used my name but not address and the DOB was incorrect ,to open a credit card up with Lloyds wasn't me and of course talking to Link was like talking to a brick wall.They were only using the register and as my name was unusual it must have been me who had the debt.Idoits!!!!!!!!!!!:mad:

Thankfully my door hadn't been approached just yet.

Expect to do the Experian and Equifax file checks to make sure all is well.

Resolved only after going through the CEO of Lloyds TSB as the sub office in Brighton was useless bullies.Fully compensated too.