Bailiffs get power to use force on debtors

[shaper]

The government has been accused of trampling on individual liberties by proposing wide-ranging new powers for bailiffs to break into homes and to use “reasonable force” against householders who try to protect their valuables.

Under the regulations, bailiffs for private firms would for the first time be given permission to restrain or pin down householders. They would also be able to force their way into homes to seize property to pay off debts, such as unpaid credit card bills and loans.

The government, which wants to crack down on people who evade debts, says the new powers would be overseen by a robust industry watchdog. However, the laws are being criticised as the latest erosion of the rights of the householder in his own home.

“These laws strip away tried and tested protections that make a person’s home his castle, and which have stood for centuries,” said Paul Nicolson, chairman of the Zacchaeus 2000 Trust, a London-based welfare charity. “They could clearly lead to violent confrontations and undermine fundamental liberties.”

http://www.timesonline.co.uk/tol/new...cle5375668.ece

[GTI]

Absolutely outrageous
Thankfully I've never had dealings with bailefs before so not sure how much of a change this is. But surely breaking into your property and pinning you to the floor is a gross breach of your rights as a British citizen.

[funkyg]

Is this only for debts such as tax debts etc, or consumer debts like credit cards etc?

[marcode]

These laws strip away tried and tested protections that make a person’s home his castle

not if he doesn't own it. but surely it should only be valid for mortgage repayments...

[Over Carl]

Is this only for debts such as tax debts etc, or consumer debts like credit cards etc?

I think that was answered by

Under the regulations, bailiffs for private firms would for the first time be given permission to restrain or pin down householders. They would also be able to force their way into homes to seize property to pay off debts, such as unpaid credit card bills and loans.

I wonder if there's any eu human rights regs this breaks?

Part of me thinks in a way, if you aren't taking the piss with any debts then this shouldn't be a problem.

However, it's not unknown for incorrect action - look at my last two thread in legal - one an agency chasing my mum for a non existant debt, the other regarding a ccj issued to me regarding a debt that had been paid.

Now this leads to an interesting situation. If the debt collector is entitled to use reasonable force against me, he will. However, I am entitled to use reasonable force to prevent theft of my property which is what any confiscation of goods by them will be. Now you can see this could quickly escalate into someone having serious damage done to them - but both sides are legally right?

[CzarJunkie]

Sounds like a good game to get into over the next few years. Reading that article all you need is a few lads who can handle themselves and you've got yourself a business legally breaking, entering and making off with whatever you can find.

CJ's Debt Recovery Agency has just been born.

[GTI]

Sounds like a good game to get into over the next few years. Reading that article all you need is a few lads who can handle themselves and you've got yourself a business legally breaking, entering and making off with whatever you can find.

CJ's Debt Recovery Agency has just been born.

I want in on that racket. I'll supply the balaclavas, coshes and getaway car

[burner1]

It looks like it can only happen after a court ok's them to chase it, so I think the majority of people who will be affected by this are those who don't even try and deal with their debts properly either because they bury their head in the sand, or just think 'fuck 'em'.

The thing that this could do is make some people realise in this day and age, you can't go borrowing more than you know you can really afford, up to now some people seem to bury themselves in debt on purpose and then try and wrangle out of it by missing payments, ignoring letters, moving etc. These sort deserve all they get tbh.

If it gets to court, and you have attempted to come to some sort of arrangement and the collection agency won't accept that, at least if you appear at the time of the hearing the judge will get your side of things and would possibly levy some sort of payment based on what you can realistically afford rather than them turning up mob handed.

Mind you, most judges in this country don't understand the law properly themselves, so there's bound to be some major fuck-ups making headlines once this gets through.

[B B Leo]

one of the perks about living in northern ireland there is no bailifs
only work on house repos. and court stuff

[Over Carl]

I've just realised how shockingly dangerous this could be.

Anyone remember the whole bank charges shambles? High court deemed the practise illegal meaning many people had their money taken from them without consent with no intention of returning it. In my book that's theft but not a single person faced criminal charges. Forget that, they are still taking money until the appeal goes through and with the current economic climate I wouldn't be surprised if the case swings the way of big money just to get them through rather than looking at the facts, or at best the appeal gets incredibly delayed.

The difference there is that it wasn't robbery by force from your person. If this goes through you can imagine people being violently assaulted, embarrassed in front of family, friends and neighbours, having irrepaceable items taken/ broken, only to maybe receive a slight bit of compensation if they are lucky enough to be able to hire a better brief than the other side.

[chippy]

I've just realised how shockingly dangerous this could be.

Anyone remember the whole bank charges shambles? High court deemed the practise illegal meaning many people had their money taken from them without consent with no intention of returning it. In my book that's theft but not a single person faced criminal charges. Forget that, they are still taking money until the appeal goes through and with the current economic climate I wouldn't be surprised if the case swings the way of big money just to get them through rather than looking at the facts, or at best the appeal gets incredibly delayed.

The difference there is that it wasn't robbery by force from your person. If this goes through you can imagine people being violently assaulted, embarrassed in front of family, friends and neighbours, having irrepaceable items taken/ broken, only to maybe receive a slight bit of compensation if they are lucky enough to be able to hire a better brief than the other side.

hmmmmmm shockingly dangerous...........in the respect of if this gets into the mainstream media and lots of peeps see it,whats to stop them "tool em themselves up" and having a go back??

[pumpman]

now I'm not condoning those who get in debt and not pay because they won't pay, I find this outrageous that the government will think of this to go after folks who may owe a few hundred to a few thousand (in general) and I bet they won't use them to go after the city slickers who have defrauded the public recently up to and including the banks directors, because they were insolvent.

[stevo25]

ffs the thought of how this could escalate is mind boggling, its good we don't have the right to arm ourselves as they do in the US coz there would be lots of dead