Abuse of powers by bailiffs set to get much worse, Citizens Advice warns

05-03-2007

An unpaid credit card bill could soon be all the excuse a bailiff needs to break into your home and seize belongings – with the full blessing of the law – Citizens Advice warned today.

The national charity fears that vulnerable people will be at greater risk from bailiffs abusing their powers as a result of measures contained in the Tribunals, Courts and Enforcement Bill, which gets its second reading in the House of Commons today.  If it becomes law, the Bill will extend to all bailiffs the power to forcibly enter domestic premises to enforce debts, including consumer credit debts such as credit card bills. Currently only certain bailiffs have this power, most notably those enforcing magistrates’ court fines.

Citizens Advice is pressing for independent regulation of bailiffs to be included in the Bill.  It also wants clear safeguards to ensure that forcible entry is only used as a last resort and only where it can be shown that the debtor is not a vulnerable person and that non-payment is the result of wilful refusal or culpable neglect.

Evidence from local Citizens Advice Bureaux shows that many private bailiffs already act almost as a law unto themselves, with devastating effects on people’s lives. Intimidation, harassment and excessive fee charging by bailiffs are commonplace, driving already vulnerable people deeper into poverty and debt.

An analysis of 500 case reports from Citizens Advice Bureaux in England and Wales since October 2006 found that:

• Almost two-thirds (64%) of bailiffs were guilty of harassment or intimidation
• 40% misrepresented their powers of entry.
• A quarter threatened debtors with imprisonment and
• 42% charged excessive fees.  

In over half the cases, the debtor was vulnerable.  In all these instances the bailiffs concerned were either breaking the law or in breach of their own industry code and nationally agreed standards of practice.

David Harker, Chief Executive of Citizens Advice said:

“Our evidence over many years shows that bailiffs have an appalling track record of abusing their existing powers against vulnerable people. They are often abusive and aggressive, and use threats of violence and prison to pressurise people into paying lump sums they cannot afford.

“Bailiff law is complex, confusing and long overdue for reform. This Bill should have been the perfect opportunity to modernise the law and end abuse once and for all. Instead it gives bailiffs greater powers without any proper regulation – a recipe for abuse on an unprecedented scale. It is a scandal and a disgrace that six years after the Government made a commitment to bring in independent regulation, the misery and abuse continues. It has to stop.

“We are urging MPs to make sure the Bill includes independent regulation to rein in the worst excesses of bailiff behaviour. It is vital that the Bill also provides strong safeguards to ensure that forcible entry is only used as an absolute last resort, and only after the vulnerability of the debtor and their ability to make repayments have been taken into account.”

At its annual conference last September Citizens Advice launched its ‘Putting bailiffs on the spot’ campaign against bad bailiff practice.

There are currently few controls over what bailiffs do and how much they charge, with bailiff powers set out in a complex series of archaic laws - some dating back to 1267. Under the terms of the new Bill, bailiffs will have the right to apply to court to use reasonable force to enter premises and debtors will no longer be able to refuse them entry.  

Although plans for independent regulation formed part of the original Bill, these have been dropped in favour of consultation on the issue which will not be completed before the Bill becomes law.

Recent cases seen by Citizens Advice Bureaux include the following:

   Bailiffs forced their way in to a London woman’s flat to recover unpaid parking fines imposed six months after she had sold the car concerned. She had confirmation of the change of ownership from DVLA.  The bailiffs threatened to call the police and accused her of assaulting them. They listed property they could take from the flat but said they would not take it immediately if she paid them £200. Her grandmother paid this on her behalf, even though she did not owe the money.

   A woman in her late fifties whose only income is carer's allowance for caring for her elderly father. had been paying £20 a month for four years towards council tax arrears. Even though she was consistently paying as much as she could afford to clear her council tax debt, bailiffs called repeatedly saying she still owed a lot of money, and they made additional charges for visits  and letters that had not taken place or been sent. The woman was suffering from stress and was extremely anxious. Her father lives with her and she was worried that the bailiffs might come back and take all their belongings, even though she was paying off the debt. She had been threatened with imprisonment by the bailiffs.

   A pregnant woman with a young child received a letter from bailiffs demanding an unpaid TV licence fine plus court costs and bailiffs' costs. She believed the fine had already been paid and she tried for two weeks to phone the bailiffs, but on each occasion she was told that their 'systems' were down and they could not answer any of her queries - they said they could not even make a note that she had called. She then received a visit from a bailiff and let him in, but once inside he was aggressive and intimidating. He took an inventory including her little boy's toys and said that he had ordered a truck to come and collect her belongings and it was on its way - the cost of this would be added to the amount she owed. He added that when her possessions were sold and did not raise enough to pay off her debt, he would be applying to the court for an arrest warrant. The woman was alone in the house with her young son and felt scared and vulnerable. A family friend eventually paid off the full amount owed.

Notes to editors on Citizens Advice

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