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  • FIRST POST
    • Former MSE Helen
    • By Former MSE Helen 25th Jan 13, 10:56 AM
    • 2,324Posts
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    Former MSE Helen
    MSE News: New laws will regulate bailiffs
    • #1
    • 25th Jan 13, 10:56 AM
    MSE News: New laws will regulate bailiffs 25th Jan 13 at 10:56 AM
    "Bailiffs will be policed under new laws to 'clean up' the industry and protect vulnerable debtors, says the MoJ..."

    Read the full story:

    New laws will regulate bailiffs

    Last edited by Former MSE Helen; 25-01-2013 at 10:58 AM.
Page 1
    • fermi
    • By fermi 25th Jan 13, 11:01 AM
    • 39,669 Posts
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    fermi
    • #2
    • 25th Jan 13, 11:01 AM
    • #2
    • 25th Jan 13, 11:01 AM
    More official detail ---> https://consult.justice.gov.uk/digital-communications/transforming-bailiff-action

    And full government paper detailing proposals --> Consultation response

    And impact assessment --> Impact assessment
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    • wymondham
    • By wymondham 25th Jan 13, 1:01 PM
    • 5,525 Posts
    • 10,260 Thanks
    wymondham
    • #3
    • 25th Jan 13, 1:01 PM
    • #3
    • 25th Jan 13, 1:01 PM
    If you remove the teeth from Bailiff's then surely you also remove their effectiveness? Be interesting see how this pans out....
    • Skoorb
    • By Skoorb 25th Jan 13, 2:43 PM
    • 35 Posts
    • 36 Thanks
    Skoorb
    • #4
    • 25th Jan 13, 2:43 PM
    • #4
    • 25th Jan 13, 2:43 PM
    Hang about. I'm a little confused after looking though that document.

    These changes will affect High Court Enforcement Officers as well as the three types of Bailiff? These are the people who have the most powers to abuse.
    • chanz4
    • By chanz4 25th Jan 13, 3:20 PM
    • 10,018 Posts
    • 2,981 Thanks
    chanz4
    • #5
    • 25th Jan 13, 3:20 PM
    • #5
    • 25th Jan 13, 3:20 PM
    so whos going to check on them and enforce
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
    • fatbelly
    • By fatbelly 26th Jan 13, 8:57 AM
    • 13,737 Posts
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    fatbelly
    • #6
    • 26th Jan 13, 8:57 AM
    • #6
    • 26th Jan 13, 8:57 AM
    so whos going to check on them and enforce
    Originally posted by chanz4
    Remedies and Complaints handling
    20. We will set up a working group with representatives from all our stakeholders and a representative from the Local Government Ombudsman office to develop a clear route for complaints in order for people to secure appropriate redress.
    That's a fundamental question, chanz, and despite all the effort and time, and this 70-page document, I don't think anyone knows the answer

    It seems the LGO doesn't want to relinquish any control they have of their sector, which is where bailiffs are predominantly used already, set to increase when local councils start billing working age JSA/IS/ESA claimants for Council Tax in April. And so self-regulation is still one of the options.

    But there will be 'a clear route for complaints in order for people to secure appropriate redress' - apparently.
    • CIS
    • By CIS 26th Jan 13, 9:19 AM
    • 11,113 Posts
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    CIS
    • #7
    • 26th Jan 13, 9:19 AM
    • #7
    • 26th Jan 13, 9:19 AM
    which is where bailiffs are predominantly used already, set to increase when local councils start billing working age JSA/IS/ESA claimants for Council Tax in April
    There's unlikely to be a huge increase in bailiff action based on what most local authorities are planning. Many are planning not to enforce the relatively small balances which will become due (some are planning to write if off) and for most local authorities the balances will be below the threshold that they use bailiff action anyway.

    What you will see is an increase in is attachment of benefit orders - it's the most cost effective way of trying to recover small debts. You only get 3.55 per week but compared to the time and effort to chase and enforce small debts its usually the best option.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
    • fatbelly
    • By fatbelly 26th Jan 13, 8:59 PM
    • 13,737 Posts
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    fatbelly
    • #8
    • 26th Jan 13, 8:59 PM
    • #8
    • 26th Jan 13, 8:59 PM
    I hope you're right CIS but my council is budgeting to recover 85% of the 'new' council tax so I can only see them being tolerant up to a point.

    There's a hardship fund that will help around 400 accounts but 27000 are being brought into the net that were formerly 100% benefit.

    The demand is for 25% so couples can expect to be billed for around 250 each year, and 3.55 per week will not cover that. My council will use bailiffs for less than 250 as things stand, and they routinely use bailiffs when the option of deduction from benefits is available, though I know council policies vary.

    All that is a bit off topic. How do you reckon the new regs are going to be policed?
    Last edited by fatbelly; 27-01-2013 at 4:12 PM.
    • chanz4
    • By chanz4 27th Jan 13, 10:08 AM
    • 10,018 Posts
    • 2,981 Thanks
    chanz4
    • #9
    • 27th Jan 13, 10:08 AM
    • #9
    • 27th Jan 13, 10:08 AM
    They will be policed as much as the fsa does banks....not much all hype and no action
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
    • iolanthe07
    • By iolanthe07 27th Jan 13, 1:48 PM
    • 5,171 Posts
    • 4,867 Thanks
    iolanthe07
    couples can expect to be billed for around 250 each year, and 3.55 per week will not cover that.

    At around 185 it is not that far short. I think many councils will go down this route as the most cost effective.
    I used to think that good grammar is important, but now I know that good wine is importanter.
    • fatbelly
    • By fatbelly 27th Jan 13, 4:13 PM
    • 13,737 Posts
    • 10,801 Thanks
    fatbelly
    couples can expect to be billed for around 250 each year, and 3.55 per week will not cover that.

    At around 185 it is not that far short. I think many councils will go down this route as the most cost effective.
    Originally posted by iolanthe07
    ...carrying the arrears forward to the next year presumably.
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