Transforming Bailiff Action

Helen Grant Excerpts

Friday 25th January 2013 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

The Government are today publishing their response to the “Transforming bailiff action” consultation paper. This is the next step in delivering the Government’s commitment to provide more protection against aggressive bailiffs in England and Wales.

Bailiffs are necessary for both the economy and the justice system, carrying 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 bailiffs. The Government remain clear that subjecting debtors— who are already in distressing situations—to such intimidating behaviour is completely 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 set out in the Government’s consultation response strike this balance between the rights of debtors and the rights of creditors.

We will sweep away the antiquated and confusing laws which can thwart effective and proportionate enforcement, introducing in their place new laws which are fit for today’s society. We will provide clarity over the powers of bailiffs and introduce a clear, fair, charging regime which will tackle the root causes of aggressive bailiff action.

Bailiffs will be banned from entering debtor’s homes late at night without first seeking permission from the court or when only children are present, and new safeguards will prevent them from using force against people who owe money. The enforcement process and procedure will be 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 will be set against effective and targeted regulation which will ensure that bailiffs are fit to carry out this work by introducing a mandatory training scheme, competence requirements and certification for all bailiffs.

These much-needed reforms will ensure that individuals, businesses and bailiffs will all benefit from our changes and we will work to implement these swiftly.

Copies of “Transforming bailiff action: How we will provide more protection against aggressive bailiffs and encourage more flexibility in bailiff collections. The Government Response” have been placed in the Libraries of both Houses, the Vote Office and the Printed Paper Office.