Another bailiff investigation .... Justice Select Committee

[Amethyst]

https://www.parliament.uk/business/c...-launch-17-19/

https://www.parliament.uk/business/c...inquiry-17-19/


The Justice Committee launches inquiry into the enforcement of debt by bailiffs (also known as enforcement agents) in England and Wales. The Committee's inquiry will run alongside an MOJ consultation and will focus on High Court and Civil Enforcement Officers, who collect debts such as Council Tax, parking fines and utility bills.

• Inquiry: Bailiffs: enforcement of debt
• Justice Committee

Reforms were introduced in 2014 which aimed to provide protection to debtors from the aggressive pursuit of their debt from enforcement agents, whilst balancing this against the need for effective enforcement and the rights of creditors.

However, debt advice charities suggest that the reforms have had only a limited effect and that there are still widespread problems with the conduct of bailiffs.

The Ministry of Justice (MoJ) is carrying out its own call for evidence into the 2014 enforcement agent reforms. Their call for evidence runs to 17 February 2019. To avoid duplication, the Justice Committee is not calling for written evidence. The Committee will take oral evidence in the New Year, in order to inform the MoJ’s future actions. Terms of Reference

The Committee is seeking to answer the following questions:

• What was the impact of the 2014 enforcement agent reforms introduced by the Tribunals, Courts and Enforcement Act 2007?
• Why has there been an increase in complaints regarding enforcement agents?
• Is the fee structure working to encourage enforcement agents and debtors to settle at an early stage and to minimise the financial impact on debtors?
• Does the current system of self-regulation work as intended, and if not, should enforcement agents be regulated by an independent regulator?

Background information

Three types of 'bailiff':

1. High Court Enforcement Officers, private sector bailiffs appointed to enforce High Court orders, or County Court orders transferred to the High Court by the creditor. Debt could include: utility bills; business debts; tribunal awards; or rent arrears.
2. Civil Enforcement Officers, employed by the magistrates’ court to execute a range of warrants including distress warrants, warrants of arrest, commitment of non-payment of fines, and other sums a court has ordered to be paid. This would include, for example: council tax, parking fines, traffic fixed penalty notices, magistrates’ court fines; child support payments; and commercial rent arrears.
3. County Court Enforcement Officers, employed directly by HMCTS to enforce county court orders and orders made by the tribunals. This would include collection of debts regulated by the Consumer Credit Act (for example, credit cards, personal loans or overdrafts). The Committee’s inquiry will not focus on these.

Ministry of Justice Reforms

The Government introduced reforms in 2014, which implemented provisions in the Tribunals, Courts and Enforcement Act 2007. These changes:

1. Set out a procedure bailiffs must follow when collecting debt (The Taking Control of Goods Regulations 2013). This included preventing bailiffs from entering properties where only children are at home, further measures to protect vulnerable people and measures to prevent bailiffs from taking vital household essentials from debtors’ property, such as a cooker, microwave, refrigerator or washing machines.
2. Created a new fee regime with “trigger points” for payment at stages in the process (The Taking Control of Goods (Fees) Regulations 2014); and
3. Set requirements for individuals to meet before they are certified to act as bailiffs (The Certification of Enforcement Agents Regulations 2014).
4. Created mandatory training to ensure enforcement agents have the skills required to perform the role.

In April 2018, the Government published one year on review of these reforms. The research for this was carried out in 2015, involving the analysis of a variety of data, and gathering of views from key stakeholders including creditors, the advice sector, other government agencies and enforcement agents themselves. The MoJ state:

"[The research] concluded that [the reforms] had led to many positive changes. This included improved transparency and consistency, both in terms of the enforcement process and the fees charged by enforcement agents. The report noted, however, that some enforcement agents were still perceived [by respondents] to be acting aggressively and not complying with the new rules."

[Sir Vere Brayne d'Emmidge]

Hi Amethyst,

Just a quick note.

You wrote: . . . . The report noted, however, that some enforcement agents were still perceived [by respondents] to be acting aggressively and not complying with the new rules

Anyone who gets a knock on the door from a EA, especially at 6am, will say that their behaviour is unreasonable and "aggressive", especially when they hear: My name is Joe Blogs, I am an Enforcement Agent working on behalf of Wessex Magistrate Courts, which has issued a Warrant of Control because you have failed to pay a Fixed Penalty Notice imposed on you on 24/12/2017 by Wessex Constabulary for being parked on a double red line, in front of Santa's Grotto on the High Street in Camelot. The amount due is £390.00 and I am here to collect the money or take control of your goods, so that they can be sold at auction to recover such sum; may I come in please . . . if you do not let me in peacefully, I have the power of using a locksmith to force entry into your property and remove those goods forthwith, and there will be Police presence to make sure that no "breach of the Peace" accurs"

Or just waking up and noticing that their pride and joy has a big, yellow triangular shield wrapped around the driver's side wheel.

If that doesn't get peoples back up I don't know what else would.

And let's not forget that the debtor received:

1) A letter form the Police advising that since the fine was not paid they intended to prosecute the offender,
2) Summons.
3) A letter from Court asking for payment after the conviction.
4) A "compliance" letter form the EA asking for £135.00 within 10 days or to get in touch to agree a payment arrangement.
5) 2 weeks later a further letter form the EA remind the debtor of the amount owed and the possible escalation to "Enforcement Action" and the extra fees involved.
6) 2 weeks later a final "Notice of Enforcement" still giving the debtor 10 days to clear the debt.

I am sorry to say that when an EA attends a property it's because the "responder" has not responded, so they might want to blame the EA as much as they want, and complain until they go blue in the face, but unless a visiting EA breaks the law (say by forcing entry by pushing the debtor aside or visiting outside prescribed hours) there is very little that they can complain about,

To conclude, a debtor who receives a visit from an Enforcement Agent will always be unhappy.