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Jill Insley: Bailiffs made this man want to 'end it all'

A London council has condoned the actions of bailiffs who have exaggerated their powers to frighten people into paying council tax arrears.

Tower Hamlets council has defended Rundle & Co, which sent out threatening and misleading letters to an elderly and frail council tenant.

Bow resident Moses Adegoke, who owed just over £800 in council tax and charges, says he has been bombarded with letters and telephone calls from the firm: 'They were calling me on my mobile phone and landline and really made my life hell.'

Last month he received a letter from Rundle & Co entitled 'Removal of your goods', which said: 'I will be calling, with transportation, to remove your goods during the course of this coming week. Goods will be removed whether you are present or not, with the police in attendance if necessary.'

The letter caused considerable worry to Mr Adegoke, 61, a diabetic dependent on insulin who also suffers from severe hypertension. He says: 'I was terrified and thought they were coming to break into my house and take everything I owned. My blood pressure shot up and I couldn't sleep, I was so worried.' He says things got so bad he 'wanted to end it all'.

But Mark Allan, head of service at Capitalise, a free debt advice service from which Mr Adegoke sought help, points out that bailiffs can only enter a property for the first time if they are peaceable and have the permission of the occupier. They may only seize items.....continued below

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once entry has been granted and must provide the debtor with a list of any goods taken. Police can only be called to prevent a breach of the peace by the debtor or the bailiff - and not to help the bailiff gain entry to a home.

When Capitalise complained to Tower Hamlets council about the behaviour of Rundle & Co, the council said these tactics were necessary. In a statement to Cash, the council said: 'We do accept that the wording used on some of the notices could be considered abrupt, but we think this is necessary to convey the gravity of the situation, which could result in the taxpayer's goods being removed or even committal to prison. None of them state that goods would be removed forcefully.

'While we wouldn't normally comment on individual cases, we can confirm in this instance that we learnt that the resident involved is in poor health and took immediate steps, asking Rundle & Co not to pursue collection.'

Capitalise's Allan says: 'We are concerned that Tower Hamlets is condoning practices which misrepresent the law and... have terrorised one of their elderly and vulnerable residents. Tower Hamlets' "ends justifies the means" approach sets a dangerous precedent and needs to stop.'

Bernard Gover, a director of Rundle & Co, defends the wording of the letter, pointing out that bailiffs can indeed take goods whether debtors are present or not. He did not agree that the firm should have made it clear that this could happen only if the bailiff had previously peacefully gained access to the premises. 'I don't want to scare the living daylights out of anybody, but I think it is important to make the seriousness of the situation apparent to the debtor,' he says.

John Kruse, a money adviser for Citizens Advice, and author of several books on bailiffs, says such practices are not uncommon: 'Local authorities are prepared to turn a blind eye to what bailiffs in their employment are up to.'

Debtors can complain if they believe a bailiff's behaviour has overstepped the mark, but it can be complicated to work out if bailiffs have broken any rules or to whom to complain. Bailiffs have no official regulator, although the government is considering introducing regulation as part of the Tribunals, Courts and Enforcement Bill going through Parliament. Kruse says: 'A lot of organisations set bailiffs' rules. A lot is common law that has been built up over the centuries by judges.'

In 2002, the then Lord Chancellor's Department laid down national standards for bailiffs, but these are not legally binding and do not include a complaints procedure. It is not obligatory for bailiffs to join trade bodies such as the Enforcement Services Association (ESA) or the Association of Civil Enforcement Agencies, which operate a complaints service.

Nor is it always obvious if a bailiff belongs to such a trade association. Rundle & Co is a member of ESA, but this is not mentioned in the letters sent to Mr Adegoke. Gover says Rundle & Co has its own complaints procedure that it would 'have followed to the letter' had Mr Adegoke complained directly to the firm.

Kruse recommends first complaining to the firm, and asking if it belongs to a trade body with a complaints procedure. If it does not, or if you are unhappy with the response, you can complain to:

· The local county court. Bailiffs need to be certificated to carry out certain types of work. The certificate is usually renewed every two years unless the court is told of valid reasons why it shouldn't.

· The Office of Fair Trading if the bailiff is licensed under the Consumer Credit Act.

· the Local Authorities Ombudsman.

What they can and can't do

If you are being visited by bailiffs, you have rights as to how they should conduct themselves, but you must recognise that you are about to lose some possessions, or must start repaying your debt soon.

Peaceful entry

You should be given seven days' notice to reach settlement with your creditor. You do not have to let a bailiff in and they cannot use force. They can enter through an unlocked door or climb through a window.

Forced entry

If bailiffs have once entered your home peacefully, they can force entry on subsequent visits. Once in your home, a bailiff can use force to open internal doors and cupboards.

Denial of entry

If you continually refuse a bailiff permission to enter, the warrant will be returned to court and other means used to settle the debt.

Removal

Bailiffs can seize any goods, although tools used in self-employment or business (including vehicles and computers), household items necessary for basic domestic needs, or items that are rented or on HP, may be exempted.

Hiding possessions

You can remove or hide possessions before the bailiff arrives, but once he is inside he is entitled to search for them, using force if necessary.

How much?

Your goods will be sold at public auction, attracting a sale price of about 10 per cent of their 'as new' value.

Source: Abacus Financial Consultants