The first of four MALG14 workshops, considering: “Who has benefited from the April Bailiff Reforms and have we seen aggressive bailiffs disappear for good?”

1. Who has benefited from the April
Bailiff Reforms and have we seen
aggressive bailiffs disappear for
good?
Steve Caven, Director General, CIVEA
Peter Tutton, Head of Policy, StepChange Debt Charity
Presenters:
Sue Lindsay, Head of Customer Relations, Wessex WaterFacilitator:
Steve Perring, Compliance Officer, Cabot Credit
Management and representing MALG’s South East
Discussion Forum
Scribe:

2. Context of Reforms – “Decades of
inaction”
— 1990 National Consumer Council publish
“Private Bailiffs – their role in domestic debt
collection”.
— 1992 Lord Chancellor's Department publish A
Review of the Organisation & Management of Civil
Enforcement Agents: Consultation Paper. No
further action taken.
— 2000 Independent review of bailiff law published.
Calls for a single law around bailiff powers,
independent regulation (Prof Jack Beatson)

3. Context of Reforms
— 2001Government responds with Green Paper,
Towards Effective Enforcement. Proposes a
single law for bailiff powers.
— 2003 Government White Paper Effective
Enforcement suggests Security Industry
Authority (SIA) as preferred independent regulator.
— 2006 Draft Tribunal, Courts and Enforcement
(TCE) Bill is published. Proposes a new system of
certification of bailiffs.

4. Context of Reforms
— 2007 Government launches “Regulation of
Enforcement Agents” Consultation Paper which
proposes SIA will be licensing body not regulator
— 2007 Gordon Brown succeeds as PM and
announces review of all police and bailiff powers to
enter domestic premises without permission.
Review does not take place.
— 2011 SIA abolished
— 2012 Government launches consultation on
reforming bailiff action.

5. Government rationale for the new regulations
-Bailiffs “play an important role recovering
money and help create the conditions for a
market economy and the rule of law to thrive”
-“How Government proposes to tackle
aggressive and unnecessary bailiff action…
bringing up to date archaic law that currently
does more to hinder than help responsible
bailiffs”
-“Introducing a straightforward system, with a
transparent and fair costs structure”

6. Government rationale for the new regulations
— New rules for the bailiff industry : Ministry
of Justice Press release
— A simple set of rules and fees detailing
when a bailiff can enter a property, what
goods they can take and a fee structure
which will end excessive and multiple
fees.

7. Government rationale for the new regulations
— New rules for the bailiff industry : Ministry
of Justice Press release (cont.)
— Vulnerable people will get assistance
and advice and bailiffs will be trained to
recognise them.
— Landlords would be banned from using
bailiffs to seize property for residential
rent arrears without going to court

8. Government rationale for the new regulations
— Hallmark of the reforms is balance –
respect for the competing rights of the
creditor and debtor
— Acknowledges that it is necessary for a
bailiff to be assertive and firm if they are
to be effective.
— Prescribed Process – challenged if
depart from it

9. New provisions - compliance
— Notice of Enforcement
— Content prescribed and includes how and when
payment may be made, contact number for EA, date
and time by which payment must be made
— Benefits
— Non- “Aggressive” notification
— Identify issues prior “door stepping”
— Signposting & Identification Vulnerability
Must be issued by EA
— 7 “Clear “ days allowed

10. New provisions – power of entry
— EA power to enter relevant premises to search for
and take control of goods
— Mode of entry – usual means by which entry made
Hours of Entry
— After 6.00am or before 9.00pm.

11. New provisions –Vulnerability
— No specific definition
— Guidance
— The regulations do not prevent enforcement, rather
they seek to ensure that escalation does not occur
unless advice has been obtained

12. Competency and training
• Enhanced certification, new court process
— Mandatory training to be independently
accredited, covering essential knowledge
requirements

13. Key Q’s?
• What public policy outcomes do we want
here?
• How does the way reforms set about this
compare to approaches in other ‘close
cousin’ sectors?
• Has it / will it deliver?
• How should the review work?