Bailiffs

Lord Grayling Excerpts

Monday 7th April 2014 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

The Government have implemented new laws, effective from yesterday, to deliver their commitment to provide protection against aggressive bailiffs in England and Wales while ensuring that debt can still be collected fairly.

Enforcement action is necessary for both the economy and the justice system and the Government recognise that bailiffs carry out a difficult role in challenging circumstances. While the majority operate in a responsible and proportionate manner, a significant few use unsafe, unsound and unfair methods of collection, casting a shadow over the reputations of respectable individuals. We are clear that this is unacceptable. At the same time we are also clear that legitimate creditors should be able to collect the money that is owed to them in a fair and responsible manner. The measures contained within these new laws strike this balance between the rights of debtors and the rights of creditors.

We have swept away the antiquated and confusing laws which can thwart effective and proportionate enforcement and have introduced in their place new laws which are fit for today’s society. The reforms tackle the root causes of aggressive bailiff action by clarifying the law so that all parties are aware of their rights and responsibilities.

The use of force against an individual has been banned. We have also prevented entry to properties late at night, without first seeking permission from the court, or where only children are present. The enforcement process and procedure has been defined clearly in legislation setting out how bailiffs can enter a property, what goods can and cannot be seized for sale, and crucially, what costs a bailiff can charge. These changes are set against effective and targeted regulation which will ensure that bailiffs are fit to carry out this work by introducing certification for all bailiffs which will involve mandatory training and competence requirements.

These much needed reforms ensure that individuals, businesses and bailiffs will all benefit and will help strengthen our economy and justice system.