New bailiff regulations and the position regarding "vulnerability"

[russelldash]

Re: New bailiff regulations and the position regarding "vulnerability"

is that right Wombats I prefer to get to the point The bailiff's have no right of first time entry full stop so its a con law As far as common law concerned or people talking crap about big words of section part 5 of bullshit section 5 of the persons act

Re: New bailiff regulations and the position regarding "vulnerability"

Realistically, when you have a civil enforcement company that is known for trying to force debtors to pay unrealistically affordable instalments and the debtor is on JSA, plus court staff are being as unco-operative as possible, escalating to a higher level asap is sometimes the only way of resolving the matter.

That is undoubtedly true BB, but the 'sometimes' to which you refer are very rare. Even then it is important to approach higher authorities with a comprehensive knowledge of the debtors position and prior actions. I think Amethyst has summed it up extremely well in saying the priority is to deal with the immediate issue in the best and fastest way possible, then address other issues once the immediate stress has been relieved.

The stickies covering the introduction of The Taking Control of Goods Regulations stated in March that we would usually be advising people to engage with the enforcement companies at the earliest possible opportunity - that statement remains as true now as it was when written three months ago.

[bluebottle]

Re: New bailiff regulations and the position regarding "vulnerability"

I do agree cases need to be complained about where things are going wrong, but the absolute priority has to be ensuring the person with the bailiffs after them doesn't have them coming into their home and taking their possessions to pay their fees and help protect people from having needless fees added by delaying communication with the bailiff. Get things on a level so the immediate threat has passed, THEN worry about complaining. Anyone in a vulnerable position should communicate with the bailiffs as soon as they know bailiffs are involved and should do so in writing.

Realistically, when you have a civil enforcement company that is known for trying to force debtors to pay unrealistically affordable instalments and the debtor is on JSA, plus court staff are being as unco-operative as possible, escalating to a higher level asap is sometimes the only way of resolving the matter.

[russelldash]

Re: New bailiff regulations and the position regarding "vulnerability"

so something still not right if it is realised the defendant is venerable the 75 pounds sticks
Jokes
Best keep building them prisons

[Amethyst]

Re: New bailiff regulations and the position regarding "vulnerability"

I do agree cases need to be complained about where things are going wrong, but the absolute priority has to be ensuring the person with the bailiffs after them doesn't have them coming into their home and taking their possessions to pay their fees and help protect people from having needless fees added by delaying communication with the bailiff. Get things on a level so the immediate threat has passed, THEN worry about complaining. Anyone in a vulnerable position should communicate with the bailiffs as soon as they know bailiffs are involved and should do so in writing.

[bluebottle]

Re: New bailiff regulations and the position regarding "vulnerability"

The problem is that certain civil enforcement companies - and we know who they are - set instalment amounts at levels they know very well the debtor cannot realistically afford and there needs to be checks and stops to nip this practice in the bud before it gets out of hand. The new regulations are nowhere near perfect and, in my honest opinion, the MoJ need their backsides kicked from one end of Petty France to the other, then back again for an encore for coming up with what I can only describe as a train crash waiting to happen. Also, some enforcement teams at magistrates courts either need retraining or better training or whoever is telling them to ignore debtors needs pointing in the direction of the nearest Jobcentre Plus office.

The current Criminal Justice System needs reforming in that profit-driven civil enforcement companies need taking out of the equation altogether and directly-employed and publicly-accountable Civilian Enforcement Officers (aka Warrant Officers) entrusted with the collection of court fines. There also needs to be a massive crackdown on the issue of Liability Orders for alleged Council Tax arrears and collection of unpaid PCNs. CT arrears is an area that is too open to fraud and the use of distress seems to be a default option and not the last resort as it should be. We have all come across examples of the malpractice involved in the collection of unpaid PCNS.

[wales01man]

Re: New bailiff regulations and the position regarding "vulnerability"

Totally agree with the above. When Bailiffs become involved its getting serious the Debtor MUST communicate with them to avoid extra fees £75 is despite seeming to be high is reasonable any further fees can be avoided.
Biggest problem arise when a stupid Bailiff tries to get a debtor to pay more than the can afford this must be addressed somehow. Anyone in debt must realise that when Courts or Balilffs become involved they must act quickly to either pay or appeal if its not their debt.

Re: New bailiff regulations and the position regarding "vulnerability"

Indeed - we must not lose sight of this part as well, "debtors are advised to make complaints to their MP's, local Councillor, HMCTS Area Enforcement Managers (for court fines) or Local Government Ombudsman. With respect, in most cases, neither of these options is the right one."

The problem here is following this advice can actually delay getting 'proper' help to debtors and thus exacerbate their position. We must stay grounded and realistic in terms of what help we can give.

[bizzybob]

Re: New bailiff regulations and the position regarding "vulnerability"

Evidence of vulnerability must be provided at the first opportunity in future, and complaints only when and if the evidence provided is ignored then.

[Milo]

Re: New bailiff regulations and the position regarding "vulnerability"

I could not agree more Milo. Some of these issues predate the new regulations and have long been an issue. The vulnerability issue is critical and only serves to demonstrate people MUST engage at the earliest opportunity directly with the enforcement company.

The problem that we have is that so many people now rely solely upon mobile phones for communication and sending letters is something that appears 'alien' to them. Letters (or emails) are so vitally important and provide a 'paper trail' which is once again important if there is a need to make a complaint at a later point.

Re: New bailiff regulations and the position regarding "vulnerability"

I could not agree more Milo. Some of these issues predate the new regulations and have long been an issue with advice given by a small number of people. The vulnerability issue is critical and only serves to demonstrate people MUST engage at the earliest opportunity directly with the enforcement company.