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New powers for baliffs if Government inittative gets its way:

Concerned | 07.12.2006 14:40 | Other Press | Social Struggles

Citizens Advice launches campaign to tackle unfair bailiff practices
25-09-2006

 http://www.citizensadvice.org.uk/index/pressoffice/press_index/citizens_advice_launches_campaign_to_tackle_unfair_bailiff_practices.htm

see the paragraph about 'Draft Tribunals, Courts and Enforcement Bill,'



The charity Citizens Advice is launching a campaign through local bureaux against bad bailiff practice this week. Evidence from local bureaux shows that private bailiffs used by the local authority to collect unpaid council tax are acting almost as a law unto themselves, with devastating effects on people’s lives. Intimidation, harassment and excessive fee charging by bailiffs are driving already vulnerable people deeper into poverty and debt.


The ‘Putting Bailiffs On The Spot’ campaign aims to lobby MP’s on the need for bailiffs to be regulated and to work with local authorities to improve the practice of bailiffs collecting council tax. The campaign is launched this week at the Citizens Advice Annual Conference in York.


For many years, Citizens Advice has argued that the use of bailiffs to collect debts by seizing goods is open to abuse and leaves many people in debt with no real protection. There are few controls over what bailiffs do and how much they charge, with bailiff powers set out in a complex series of archaic laws - some dating back to 1267.


The campaign comes as a BBC programme is likely to expose appalling practice by bailiffs in BBC1’s Whistleblower on Tuesday 26 September at 9pm. The programme is based on a nine-month-long investigation by a BBC reporter, who went undercover to work for two of Britain's largest bailiff companies.


Citizens Advice is disappointed that the new
Draft Tribunals, Courts and Enforcement Bill,
which aims to introduce a single procedure for taking control of goods, has dropped any plans to regulate the activities of bailiffs even though the bill will give them added powers. The draft Bill gives bailiffs the right to apply to court to use reasonable force to enter premises. This will mean that debtors will no longer be able to refuse bailiffs entry and could lead to increasing problems being brought to local bureaux. Citizens Advice are responding to the draft bill and local bureaux are being encouraged to lobby their MPs on the need for a regulatory framework to be included in the Bill.


CAB evidence shows that bailiffs often:


Misrepresent their powers
Are abusive and aggressive
Lie and cheat their way into people’s homes
Use threats of violence and prison to pressurise people into paying lump sums they cannot afford
Impose fees that can double, treble or increase the original debt many times over
Take away or threaten to seize essential household equipment such as kettles, hoovers, fridges and washing machines
Remove property from the wrong person or take goods not owned by the person in debt

David Harker, Chief Executive of Citizens Advice said:



'It is a scandal and a disgrace that six years after the publication of the Government's own review there has been so little action taken, and the misery and abuse continues. Reports from clients of intimidation, unreasonable demands and excessive charges by bailiffs are commonplace. This sort of behaviour along with excessive fee-charging by bailiffs is driving already vulnerable people deeper into poverty and debt. It is essential that the regulation of bailiff practices is included in the Government’s new draft bill to end these unacceptable practices. “





Case studies:


A CAB in West Yorkshire reported that a client who owed council tax arrears of £389.89. The council referred his case to bailiffs as he is now living outside the council area. The bailiff said they were coming to remove property to the value of £489 - £100 more than the original bill. The bailiff was rude and threatening and said if he wasn’t allowed access he would break the door down. The bailiff refused any payment by instalment, even though the client could pay almost half the amount straight away. The client was left frustrated and distressed by this.


A CAB in London reported that bailiffs arrived at the home of a client and threatened to break the door down, until the client’s ex-husband and six year-old child inside were so frightened they let them in. The bailiff then threatened to take the family dog and puppy along with other possessions, and intimidated the man into giving him details of his son’s bankcard and security code to withdraw funds. The client was frightened and distressed as to how to placate the intimidating bailiff as offers to pay by instalments were rejected.


A background briefing on ‘Putting Bailiffs On The Spot’ (doc 164Kb) is available to download.




Notes to editors:

The Citizens Advice service is a network of independent charities that helps people resolve their money, legal and other problems by providing information and advice and by influencing policymakers. For more information see www.citizensadvice.org.uk (external link)
The advice provided by the Citizens Advice service is free, independent, confidential, and impartial, and available to everyone regardless of race, gender, disability, sexual orientation, religion, age or nationality.
Most Citizens Advice service staff are trained volunteers, working at around 3,400 service outlets across England and Wales.
Advice and information www.adviceguide.org.uk (external link)
Volunteer hotline 08451 264264
Citizens Advice also acts as the UK European Consumer Centre (ECC) providing advice and information helping consumers to resolve disputes within the European Union. Further information available on www.euroconsumer.org.uk (external link)
Citizens Advice Handbook, over 600 pages of practical, independent CAB advice. An invaluable resource for any bookshelf - available from all good bookshops or via www.adviceguide.org.uk (external link) Citizens Advice Handbook; Penguin reference; Price £12; ISBN 0-141-01678-7.

Concerned

Comments

Display the following 2 comments

  1. stand up for your rights!!!!!! — zoe Knox
  2. forceful and antagonistic bailiff — k hawkins
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