Bailiffs 'still abusing powers', charities warn

Court-appointed collectors are accused of refusing offers of payment and intimidating debtors

Advert for a debt collection agent is pictured in Bristol in 2009
Advert for a debt collection agent is pictured in Bristol in 2009
(Image credit: Matt Cardy, Getty)

A number of bailiffs are still "abusing their powers" and treating vulnerable debtors unfairly, a consortium of five charities has warned.

In a report called Taking Control, the five groups are calling for the government to use its upcoming three-year review of laws applying to debt collection to toughen up legislation and introduce greater protection for people in debt.

In 2014 new rules came into force that imposed certain restrictions on bailiffs. These state they cannot enter homes at night, or impose unauthorised fees, and must always prove their identity.

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But the seven charities – Citizens Advice, the StepChange debt charity, the Children’s Society, Christians Against Poverty, Advice UK, Z2K and the Money Advice Trust – say these rules are being routinely flouted.

One in four of 1,400 debtors visited by a bailiff over the past six months said they had made an offer of payment over the phone, but this was refused.

"That's because the current fee structure incentivises bailiffs to visit homes," says The Mirror. It's also against the law that was passed in 2014.

As well as stating that some bailiffs regularly fail to accept offers of payment, the report says they often seek to intimidate debtors and also fail to take account of whether a debtor is particularly vulnerable, says the BBC.

It also points out that one of the most common reasons for bailiffs being called in is when local authorities are trying to recover unpaid council tax.

"Between 2014 and 2015, councils in England and Wales asked bailiffs to pursue debts on 2.1 million occasions," says the BBC.

The charities recommend seven changes to the current framework. These include establishing an independent regulator for the sector, as well as a "free, clear, transparent and accessible complaints procedure".

They also say a consistent framework should be established to encourage good practice and agree affordable repayments. This would ensure that the use of bailiffs, especially by councils, was only ever a last resort.

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