Bailiffs behaving badly
Posted 3 years ago at 3:45 pm. Add a comment
Rev Paul Nicholson holding up the blacked-out documents
Unscrupulous bailiffs can resort to “legally permitted violence” until new laws come into effect, according to a leading campaign group.
“Until then the bailiffs can get away with anything. Our advice continues to be: if you get a letter saying that the bailiff will be calling, be sure to have a witness or two,” said Rev Paul Nicholson, chairman of the Zacchaeus 2000 Trust, a charity that lobbies the Ministry of Justice (MoJ) on behalf of vulnerable debtors.
Rev Nicholson added that the existing laws were “a scar on the British body politic”. His charity has been credited for being instrumental in bringing about this week’s announcement of new laws for bailiffs.
Bridget Prentice, under-secretary of state at the MoJ said in a statement that the new laws “will help debtors, creditors, bailiffs ad the police understand what their rights and responsibilities are”.
New laws may only be enforced in 2012
But the Government failed to mention that issues such as forced entry, acceptable conduct and fees will remain unclear until the new laws come into effect, which could be as late as 2012.
It has emerged that, despite this week’s U-turn, the MoJ continues to withhold detailed information that could clarify the current regulations for bailiffs, which are so complicated that even experts admit they struggle to understand them.
MoJ’s secret documents could clarify situation
Nevertheless, the MoJ continues to keep secret controversial documents detailing the right of bailiffs to use force when collecting debts.
“They send us 30 pages with 15 pages blacked out. This is a little sinister,” said Rev Nicholson, who obtained a document called “Magistrates Court Guidance – Search and Entry Powers” under the Freedom of Information Act in December 2008.
The partly obscured document contains detailed instructions for bailiffs on how to behave on the doorstep. If made public, the document could clarify the extent of bailiffs’ current right to use force, argues Rev Nicholson.
Despite the MoJ’s fresh pledge for more transparency, officials still argue that the publication of the entire document could “assist defaulters to evade enforcement officers in the execution of their duties”.
The UK is one of the only Western countries where debt collection is not legally regulated.
Bailiffs are encouraged to adhere to a best practice guide, the National Standards for Enforcement Agents. But according to Steve Wooding, policy manager at Her Majesty’s Courts Service, “the guidance is not legally enforceable and there is no guidance relating to forcible entry per se”.
The lack of regulation has created widespread confusion about the legal powers of bailiffs, even among experts. “The complexity of the legislation surrounding civil enforcement and the fee structures cause confusion and misunderstanding,” said Steven Emerson, director general or the Association of Civil Enforcement Agents.
Vulnerable people such as single parents, the elderly and those suffering from mental illnesses often do not know their rights and are unable to cope with complicated complaints procedures, let alon stand up to unscrupulous bailiffs. Bailiffs should return vulnerable cases to court, but in reality they often do not have the time or inclination to do so.
