New power for Bailiffs?

[Oldjools]

I have never had a visit from a Bailiff so have no idea how they behave now but this sounds like a very worrying idea...
http://www.timesonline.co.uk/tol/new...cle5375668.ece

[Tools]

Re: New power for Bailiffs?

From The Sunday Times

December 21, 2008
Bailiffs get power to use force on debtors


Jon Ungoed-Thomas

div#related-article-links p a, div#related-article-links p a:visited { color:#06c; } 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.”
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Bailiffs have for hundreds of years been denied powers to break into homes for civil debt or to use force against debtors, except in self-defence. In a famous declaration, William Pitt the Elder, the 18th-century prime minister, said: “The poorest man may in his cottage bid defiance to all the forces of the crown.” Ministers have now proposed bailiffs be given powers to physically remove debtors who try to defend their property, for example by draping themselves over a car or blocking the door of their home. Lord Bach, a junior justice minister, has assured the House of Lords that any new powers will be implemented only after a consultation and will not be used to search debtors’ pockets or to remove jewellery.
It emerged last week that Her Majesty’s Courts Service has already handed out guidance to privately employed bailiffs, pointing out that under legislation passed in 2004 they can already break down doors as a last resort to collect court fines.
Some restraint should be exercised, according to the “search and entry powers” guidelines. “If a person locks himself in their home, it might be reasonable to break open the door, but probably not to smash a hole in the wall,” it advises.
Details of the new guidelines were obtained under freedom of information laws. They say homes should not be broken into when nobody is in. Reasonable grounds for breaking down the door include the “movement of a curtain”, a radio being heard or a figure being spotted inside which “may be the offender”.
It is claimed these powers are already abused. In one case, an 89-year-old grandmother returned home to find a bailiff sitting in her chair having drawn up a list of her possessions. He was pursuing a parking fine owed by her son, who did not even live at the address.
Money Central: 10 tips to avoid reposession

[Amethyst]

Re: New power for Bailiffs?

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

Well guess they will wait till a baiiff or householder gets seriously injured before they bother to think about the damage they are doing to peoples civil liberties.

If a man broke into my house and pinned me down as I tried to protect my home I would ****ing kill him.

[Paule]

Re: New power for Bailiffs?

This will be quite a clash as you are within your rights to use force to prevent people getting into ur house.

So if someone tries to get in, you can use force to get them out.

So, I would contact Police on any occasion where you feel threatened, as even if they [bailiffs] can use force they still have to justify it, just like the Police have to, if they use force

[Tools]

Re: New power for Bailiffs?

Section 2.6 g. of the OFT's Debt collection Guidlines specifically states

making threatening statements or gestures or taking actions which
suggest harm to debtors

I do suspect the story is dramatising the bailiffs right to use reasonable force if attacked but clearly if a situation arises where they need to do that then they should leave and return with police presence to oversee removal of goods but only if they are entitled to do so.

[righty]

Re: New power for Bailiffs?

This will be quite a clash as you are within your rights to use force to prevent people getting into ur house.

So if someone tries to get in, you can use force to get them out.

So, I would contact Police on any occasion where you feel threatened, as even if they [bailiffs] can use force they still have to justify it, just like the Police have to, if they use force

Sorry P but since when have you known the police side with the debtor.

Call the police & it's you who are likely to be arrested for 'assaulting'. the bailiff or one of his unlicensed & unvetted companions

Oh yes the bailiff can 'invite' 4 others to enter your home to 'assist' him & they don't have to have been vetted so you could (& most probably will) have criminals with records as long as your arm rummaging through your possessions

Also the new powers allow them to remove the family pet............. Great government we have init

Apparently this Bill was all agreed in committee with members from all sides of the house & was passed into force on the day Blair left office.

I have it on very good authority that during the discussion one eejit MP suggested that the bailiff should be required to leave behind the last £500 in cash that he finds

You really could not make it up could you