Government to regulate bailiffs

The bailiff industry is to be legally regulated, the government has announced.

The Ministry of Justice says that for too long there has been no formal protection against aggressive bailiffs and the government is determined to stamp out rogue practices by introducing a number of legal reforms.

The MoJ is today launching a consultation that aims to set out proposals under which bailiffs can continue to enforce the payment of debts and fines in an ethical manner.

Justice minister Jonathan Djanogly says: “Too many people have experienced intrusive, expensive and stressful bailiff action and more often than not the public do not hold bailiffs in high regard, despite the fact most bailiffs carry out their work professionally.

“Last month we announced the first stage of reforms with updated national standards and we are now unveiling plans for legally-binding changes that will clamp down on bad practices.”

He adds: “We want to restore balance to the system, improve clarity for both debtors and creditors, strengthen protection for vulnerable people and ensure that individuals, business and government are able to collect the debts they are owed – but in a way that is fair and regulated by law.”

The MoJ says the consultation’s proposals will seek to:

  • Prohibit the use of force against a person with safeguards to protect children
  • Remodel and clarify the complaints process available to the debtor
  • Create minimum entry standards and certification process to ensure bailiffs are fit to operate
  • Set out when and how a bailiff can enter a property
  • Set out to whom and under what circumstances reasonable force to enter premises will be available
  • Make clear which items an enforcement agent may not take from someone’s home; and
  • Make clear what fees bailiffs can charge for the range of debts that they collect for local government, courts and businesses.

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