Bailiffs denied new entry rights
By Bob Howard
BBC Radio 4's Money Box
Bailiffs will not be allowed to force entry into people's homes on a
first visit to collect debts, the government has announced.
The proposal had been considered as part of the Tribunals, Courts and
Enforcement Act.
But the Ministry of Justice said such a change will not now be
considered until the industry is regulated in 2012.
Currently most bailiffs can only force entry if they have been
previously invited into the house by the debtor.
Speaking on BBC Radio 4's Money Box, Justice Minister Bridget Prentice
said the decision was based partly on current economic circumstances.
"Secretary of State Jack Straw asked me last year to have a complete
reassessment of the provisions of the act given the current economic
climate. We don't think they are appropriate at the moment."
The minister also felt that allowing stronger entry powers was
inadvisable in the absence of the bailiff industry being properly
regulated.
"The idea of someone entering your house to seize your goods is a very
serious one and so it really is important that we get everything set up
with a proper regulatory authority," she said.
Long campaign
Citizens Advice and other organisations which deal with debt have
campaigned for changes in the way bailiffs operate for years.
It has welcomed the postponement of increased powers to force entry.
However Citizens Advice social policy officer Peter Tutton would like
the government to act more quickly than 2012 on the issue of regulation.
"Bearing in mind the enforcement white paper was in 2003, we're talking
nine years to bring to bring a relatively small sector into regulation,"
he said.
“ Current legislation seems to be biased in favour of the debtor ”
Penny, Wales
"We'd really like the government to do this as quickly as possible."
Regulation is made potentially difficult because of the wide variety of
different bailiffs authorised in different ways and pursuing different
sorts of debts.
Debt charities say many of the complaints they receive are against
bailiffs collecting unpaid parking fines and Council Tax.
Claire Sambrook is chair of the High Court Enforcement Officers'
Association.
It represents companies which pursue debts over £600 where a High Court
writ for collection has been issued.
Although Ms Sambrook was disappointed by the government's delay in
extending powers of entry, she thought it was the right decision.
"It's sad that the government couldn't implement what it wanted to do
but it's a wise decision at the moment," she said.
"You can only really give rights of entry into private homes when you
have a properly regulated profession."
BBC Radio 4's Money Box was broadcast on Saturday 21 March 2009 at 1204
GMT.
The programme will be repeated on Sunday 22 March 2009 at 2102 GMT.
Story from BBC NEWS:
http://news.
Published: 2009/03/21 12:16:53 GMT
Sunday, 22 March 2009
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