Baliffs to be regulated to protect vulnerable debtors

[burner1]

Bailiffs will be regulated under new laws to "clean up" the industry and protect vulnerable debtors, the Government announced today.

New rules will stop late-night visits to collect debts and restrictions on what property can be seized are being introduced.

Bailiffs will also be banned from entering homes when only children are present and they will no longer be able to set their own fees. New safeguards will also prevent them from using force against people who owe money, according to the Ministry of Justice.

Under the changes, bailiffs will also be forced to undergo a mandatory training and certification scheme and those who breach the new rules will be barred from the industry.

Justice Minister Helen Grant said: "For too long bailiffs have gone unregulated, allowing a small minority to give the industry a bad name. Too many people in debt have had the additional stress of dealing with aggressive bailiffs who often charge extortionate fees.

"These new laws will clean up the industry and ensure bailiffs play by the rules or face being prevented from practising. They will also make sure businesses and public bodies can collect their debts fairly."

Citizens Advice Bureau chief executive Gillian Guy told BBC Radio 4's today programme: "This is long overdue and we certainly welcome the fact that the Government has recognised that it's an issue.

"We get tens of thousands of complaints every year and that's set to get worse because when council tax benefit changes there will be more people, probably, subject to bailiff action.

"We've had people come to us saying that bailiffs have sought to seize the tools that they use for work or their children's toys or even pets, and clearly that's a misinterpretation of what the rules are."



>>Source<<

[4me2]

Laws to tackle aggressive bailiffs will be introduced next year in England and Wales, the government has announced.

Why next year and not a lot sooner ?

Once again The Cuntservatives trampelling allover the weak and giving the rich a years grace to grab as much money as possible.

[hoponbaby]

Why next year and not a lot sooner ?

Once again The Cuntservatives trampelling allover the weak and giving the rich a years grace to grab as much money as possible.

How is setting stricter rules "trampling over the weak blah blah" Even if it does take a year to sort out the legislation and certification and all the other necessary bollocks? If they're Cuntservatives for taking their time then what does that suggest that Blair & Brownstain were as they didn't do FA about it??

[4me2]

How is setting stricter rules "trampling over the weak blah blah" Even if it does take a year to sort out the legislation and certification and all the other necessary bollocks? If they're Cuntservatives for taking their time then what does that suggest that Blair & Brownstain were as they didn't do FA about it??

I'm sorry but if you don't know the answer to that then I'm not going to be conducting a remedial common sense lesson for you.

[blacksheep]

I'm fairly sure that setting up training schemes, certification and allowing enough time for all bailiff companies to take these tests so as to remain compliant is going to take a moderate amount of time. With standard public sector b.s. overhead I think a years time is exceeding expectations.

[Bald Bouncer]

I'm fairly sure that setting up training schemes, certification and allowing enough time for all bailiff companies to take these tests so as to remain compliant is going to take a moderate amount of time. With standard public sector b.s. overhead I think a years time is exceeding expectations.

I think in most cases they give a period of time after a new regulation is introduced for companies to comply for example the cookies regulations so am not sure the delay is for these reasons, might be the time to draw them up, pass them through etc etc as they work at a snails pace.

As cynical as I am I just feel they are trying to account for the fact more and more people are experiencing Bailiffs and even more will be by this time next year, I would also think as times get harder and harder the pressure for results from the visits is increasing as are the aggressive tactics. I also wondered if some of the now defunct wheel clamping firms had decided to get involved in the debt collecting business which would probably increase complaints due to the aggressive tactics employed by them in the previous business.

[hoponbaby]

There certainly needs to be some regulation of the sector and clarity on their rights as a lot seems to rely on misinformation and implied threats and the additional fees which they at present add without justification. Maybe more education to the population in general as well.

[Bald Bouncer]

There certainly needs to be some regulation of the sector and clarity on their rights as a lot seems to rely on misinformation and implied threats and the additional fees which they at present add without justification. Maybe more education to the population in general as well.

Although slightly off topic I consider it a catalyst in the increase in peoples problems, I think they really need to stop these 'payday' loans, quick cash loans etc as it's legalised loan sharking

[Nikki]

Why next year and not a lot sooner ?

Once again The Cuntservatives trampelling allover the weak and giving the rich a years grace to grab as much money as possible.

Couldnt agree more with you, the richer get richer and the poorer get .........

Massive money grabbing by certain firms and poor families have to deal with all their crap, it about time it was regulated to protect the weak

[Mule]

I'm sorry but if you don't know the answer to that then I'm not going to be conducting a remedial common sense lesson for you.

I think I must need a common sense lesson too.

[cosmicma]

what isn't mentioned is are we talking about council appointed ( through the courts ) baliffs or ones who work for the private sector ?
the two are a very different animal
council ballffs appointed by court usually obtain a warrant and have much more power than a baliff from the private sector who very seldom get warrants and in reality have no power to gain entry after all to seize goods theyv'e gotta get in right ?

there's always been guidelines of what can or can't be seized and council appointed baliffs usually stick to them it's the private sector who make a mockery of it and i don't think that will change much even with the new rulings as they flaunt the law anyway as it is

the regulating of how much they can charge for their services is a good thing as long as the general public know what it is i'm not going to hold my breath waiting to see how public that becomes it's all very well setting a maximum but how many are going to know what it's going top be

the cure is not regulating how to get the money back it's making sure if you can't afford to borrow not to lend it in the first place and if a company does decide to lend money or give credit to someone who obviously can not afford to pay back then their legal entitlement to claim it back should be stripped i think that would make the lenders sit up a bit and pay more attention to who they are handing loans or credit to

[hoponbaby]

the cure is not regulating how to get the money back it's making sure if you can't afford to borrow not to lend it in the first place and if a company does decide to lend money or give credit to someone who obviously can not afford to pay back then their legal entitlement to claim it back should be stripped i think that would make the lenders sit up a bit and pay more attention to who they are handing loans or credit to

Anybody who is using payday loans conmen presumably can't get credit through the "normal" channels as they have already decided they can't afford to pay it back. That would mean they couldn't enforce pretty much any debt. There should be some limits in place on the max APR, tied to the BoE base rate, that can be charged as part of the standard consumer protection regulations.

I do think anyone about to go bankrupt should visit as many of these companies and borrow as much as they possibly can before hand.

[cosmicma]

i think payday loans are just the latest of a problem thats been going on for years it's not that long ago they were giving credit cards to pretty much anybody who filled the form in then theres the likes of provident , bright house and all sorts of doorstep lenders all working within the law targeting low income families with no real checks to see if they can afford it or not
i know the person taking the loan is not blameless but they do make it too easy

[blacksheep]

There should be some limits in place on the max APR, tied to the BoE base rate, that can be charged as part of the standard consumer protection regulations.

rates are an indication of risk and are to protect the company in the case of non payers e.g. If its worked out you fall into the category where 1 in 500 have trouble paying back the money you might get charged 5% more so when that 1 in 500 case occurs its covered by the others. This means the company doesn't go pop and others can still have credit cards/mortgages/loans for cars etc.

I do think anyone about to go bankrupt should visit as many of these companies and borrow as much as they possibly can before hand.

Thats fraud.