Bailiffs accused of strong-arm tactics in UK
When the first lockdown was in effect, bailiffs were forbidden from coming to your home. This went on for a whole year until April 2021 when they resumed their visits with members of The Civil Enforcement Association conducting over 1 million worth between September 2020 and its end!
The number of people seeking aid from charities because they cannot afford bailiffs has shot up in recent months. This is due primarily to an increase among charity clients who are struggling with debt and being visited by these often-peaceful but legally enforceable enforcers could be just what some need!
Most cases Citizens Advice hears about involve council tax arrears, but bailiffs – who are also widely used by energy and utility companies – are increasingly being engaged over minor violations such as parking fines, according to the Money Advice Trust.
There have been many improvements in recent years. For example, the government brought in guidance last year telling bailiffs they must not act threatening or embarrassing towards people who are owed money and should withdraw from cases where someone’s vulnerability might make them more susceptible to pressure due Wave of Personal Responsibility. And later this year, a new independent body to oversee bailiffs is due to be launched after years of campaigning. The exact remit of the Enforcement Conduct Board is yet to be fixed, but it is expected to investigate complaints and fine firms for poor practice, and has been welcomed by the industry as a “landmark reform”.
Councils and government agencies, meanwhile, say their use of bailiffs is proportionate. Highways England said it only used bailiffs when people had not responded to a penalty charge notice. It said it was not required to visit customers in person before referring cases, and that bailiffs underwent comprehensive checks and training. The Local Government Association said bailiffs should only ever be a “last resort”.
Charities and Campaigners want to see further reform including Statutory regulation that will hold bailiffs accountable. A more compassionate approach is needed.
Concerns have been raised about the employment model used by most bailiff firms – where agents are self-employed workers who earn commission based on their caseload, rather than employees with a salary. One advert for a major bailiff firm – which describes those with a military, police or HMP prison background as desirable candidates – offered “uncapped commission” with “realistic earnings between £35k and £65k”.