Complaints About Bailiffs and Bailiff Companies

[bluebottle]

I was making some enquiries with the Ministry of Justice (MoJ) and Office of Fair Trading (OFT) today as part of a case I'm helping an LB member with and had some useful information imparted to me by two very helpful ladies, one at each government department.

Complaints Against Certificated Bailiffs and Bailiff Companies Not Licensed Under Consumer Credit Act

The Bailiff Department at the MoJ is no longer at Petty France in London and has moved to the Northampton County Court Bulk Centre. All complaints about Certificated Bailiffs and Bailiff Companies not required to be licensed under the CCA should now be notified to the MoJ by email to: cbregister@hmcts.gsi.gov.uk. The online register on the MoJ website will remain unchanged and should be checked for details of a certificated bailiff's registration details and these details include in the complaint.

Complaints Against Bailiff Companies Licensed Under the Consumer Credit Act

Some bailiff companies hold CCA licences to enable them to carry out certain types of debt collection work and are required to be registered with the OFT. Complaints against such bailiff companies should be notified to the OFT by email to: enquiries@oft.gsi.gov.uk. The subject should be marked CREDIT FITNESS. In all cases, the OFT advise that a check be made with the CCA licence register for the bailiff company's CCA licence number and that this should be quoted in the complaint. The OFT also advise that a complaint be lodged with local Trading Standards Departments in the case of CCA licensed bailiff companies.

I hope this information is helpful and will give those being targeted by certificated bailiffs and bailiff firms the confidence to stand up to their bullying and help others in the same situation by notifying MoJ and OFT of rogue bailiffs and bailiff firms.

The rule "One complaint in isolation won't trigger action, but a number of complaints will," still stands. One surprising fact eluded to me by OFT is that it can take just a few complaints to trigger action if it shows unlawful or illegal conduct by certificated bailiffs and bailiff companies is widespread.

[trish22]

Re: Complaints About Bailiffs and Bailiff Companies

thank you bluebottle im gathering all info needed that you posted on my posts regarding equita and will be sending my complaint asap,stay blessed

[labman]

Re: Complaints About Bailiffs and Bailiff Companies

Thanks Bluebottle - yes, the move happened a little while ago.

The number on the sticky in the Bailiff section is still current - who EXACTLY is the person whose e-mail address you have provided? I'm not doubting you, but I like to ensure everything on the bailiffs forum is 100% accurate if possible.

As regards the issue of a CCL, have you any firm information as to whether all bailiff companies need one or not? It has been a contentious issue for some time.

[Guest]

Re: Complaints About Bailiffs and Bailiff Companies

Yes they do.

http://www.oft.gov.uk/shared_oft/bus...ces/oft147.pdf on page 4 & 5.

[bluebottle]

Re: Complaints About Bailiffs and Bailiff Companies

Hi, Happy Contrails. Long time, no see.

To answer your question, Labman, what I have posted is the information as given to me by the OFT and Northampton CC Bulk Centre. cbregister@hmcts.gsi.gov.uk is the email address for certificated bailiff complaints (Certificated Bailiff Register). enquiries@oft.gsi.gov.uk is the main email enquiry address for the OFT. If a complaint is about a bailiff company that holds a CCL, the email subject needs to read CREDIT FITNESS. This then ensures it is forwarded to the appropriate team at the OFT.

According to the OFT, not all bailiff companies are required to hold a CCL as this is governed by the type of debts they chase. If they are required to hold a CCL, then the CCL Register needs to be checked and the bailiff company's CCL Number quoted in the complaint. Complaints against bailiff companies that are not required to hold a CCL should be referred to the Ministry of Justice.

I don't blame you for wanting to ensure the information is correct. Having incorrect or out-of-date information doesn't help anyone.

[Guest]

Re: Complaints About Bailiffs and Bailiff Companies

Hi Bluebottle. Good to see you are still doing a stirling job!

The consumer credit act 1974 is emplicit on who needs to be licensed for consumer credit. It also gives a list of exemptions, but the work of debt collectors or bailiffs are not included in that list.

Can you find out where the OFT has said that not all bailiff companies are required to hold a CCL?

[Guest]

Re: Complaints About Bailiffs and Bailiff Companies

Hi Bluebottle. Good to see you are still doing a stirling job!

The consumer credit act 1974 is emplicit on who needs to be licensed for consumer credit. It also gives a list of exemptions, but the work of debt collectors or bailiffs are not included in that list.

Can you find out where the OFT has said that not all bailiff companies are required to hold a CCL?

Could there be a difference between collecting a debt and enforcement of say a fine or judgment?

D

[bluebottle]

Re: Complaints About Bailiffs and Bailiff Companies

Hi Bluebottle. Good to see you are still doing a stirling job!

The consumer credit act 1974 is emplicit on who needs to be licensed for consumer credit. It also gives a list of exemptions, but the work of debt collectors or bailiffs are not included in that list.

Can you find out where the OFT has said that not all bailiff companies are required to hold a CCL?

The person I spoke to at the OFT yesterday ran a check on Equita and found that they are CCA Licence holders. As stated in my post and by the person I spoke to at the OFT yesterday, the requirement to hold a CCA Licence is governed by the type(s) of debt they chase. I do know that if a business provides credit to those who would be considered as consumers, so long as the weekly payments do not exceed £30 per week, no CCA Licence is required. If weekly payments exceed £30 per week, then a CCA Licence is required. If it helps, I will go back to the OFT and seek clarification on this point and then post up.

[Guest]

Re: Complaints About Bailiffs and Bailiff Companies

On the front of the guide it says "anything to do with consumer credit or consumer hire".

Would this cover enforcement for a parking ticket?

D

[bluebottle]

Re: Complaints About Bailiffs and Bailiff Companies

Okay. Just checked with the OFT Enquiries Centre. Basically, it is what they told me yesterday. However, I am running checks on the OFT's Consumer Credit Register for the bailiff companies whose names appear on the LB forums and will post a list of those who hold CCA Licences, together with their CCA Licence Numbers, and a list of those who are not licensed under the CCA. That way, it will make it easier for posters to route their complaints to the correct regulatory body.

As well as posting on LB, I also post on CAG. From what I have seen on both forums, it is clear that the civil enforcement industry is close to being out of control, if it isn't already, and reform is more than long overdue. Blackmail, fraud, intimidation and violence are commonplace. I know that you, yourself, HC, have experience of just how violent certificated bailiffs can be. I have had an elderly person come to me after being assaulted by certificated bailiffs who illegally forced their way into the person's home. The injuries sustained were sufficient to warrant arresting the certificated bailiffs involved for Assault Occasioning Actual Bodily harm (ABH). Where I am, we are lucky to have a police force that has a zero-tolerance policy towards bailiff misconduct.

Once I have compiled the two lists of CCA Licensed and non-licensed bailiff companies, I will post them on this thread.

[labman]

Re: Complaints About Bailiffs and Bailiff Companies

This is why I want to find out for sure, and I'm afraid until I actually see something with my own eyes specifically about bailiffs it will not have my blessing in the bailiff stickies.

I know the OFT link given above by HC (thank you and welcome back) inside out, but things are not as clear cut as that, as Bluebottle is hinting at. Why do some bailiff companies need a licence and not others? It must, as DavyB says, be to do with the type of debt.

[bluebottle]

Re: Complaints About Bailiffs and Bailiff Companies

This is why I want to find out for sure, and I'm afraid until I actually see something with my own eyes specifically about bailiffs it will not have my blessing in the bailiff stickies.

I know the OFT link given above by HC (thank you and welcome back) inside out, but things are not as clear cut as that, as Bluebottle is hinting at. Why do some bailiff companies need a licence and not others? It must, as DavyB says, be to do with the type of debt.

From what two different people at the OFT Enquiries Centre have said, Labman, and as Davyb says, it is to do with the type of debt the bailiff companies are chasing. I was looking at the CCA Licence Enforcement section yesterday evening and noticed a company called Sheriff High Court Enforcement was in the doghouse and at risk of having a CCA Licence refused/revoked/not renewed. However, I am going to compile lists of bailiff companies that hold CCA Licences and those who don't and post them on this thread.

[labman]

Re: Complaints About Bailiffs and Bailiff Companies

Thanks BB.

I'm not aware of there having been any case law regarding this, but I do know it is not as cut and dried as some might have us believe. I believe most bailiff companies do hold a CCL though, a simple request to the OFT will provide the information if you are volunteering! I think the reason some say they don't need a CCL is to do with them claiming they are not collecting a debt, but executing a warrant.

We should, of course, remind everyone that any complaints to the OFT can only be made if the bailiff company does hold a CCL.

Anyone who is considering action against a bailiff company on these grounds can find the public register here:

http://www2.crw.gov.uk/pr/default.aspx

[bluebottle]

Re: Complaints About Bailiffs and Bailiff Companies

Thanks BB.

I'm not aware of there having been any case law regarding this, but I do know it is not as cut and dried as some might have us believe. I believe most bailiff companies do hold a CCL though, a simple request to the OFT will provide the information if you are volunteering! I think the reason some say they don't need a CCL is to do with them claiming they are not collecting a debt, but executing a warrant.

We should, of course, remind everyone that any complaints to the OFT can only be made if the bailiff company does hold a CCL.

Anyone who is considering action against a bailiff company on these grounds can find the public register here:

http://www2.crw.gov.uk/pr/default.aspx

One word of warning - It is running very slowly at present. I'm going to try again over the weekend. Failing that, I'll contact OFT on Monday or Tuesday morning and check which bailiffs companies hold CCA Licences.

[labman]

Re: Complaints About Bailiffs and Bailiff Companies

I think it's easier to ask them for a list anyway, but have the list I've linked for if anyone needs it in the meantime. That's what in my own incompetent way I was trying to say!