Citizens Advice fears proposed bailiff powers

Citizens Advice fears proposed bailiff powers

A change in the law could make it legal for bailiffs to break into homes and seize property to pay off credit card debts, a charity warned today.

Citizens Advice said that vulnerable people could be at risk if measures going before the House of Commons today become law.

The tribunals, courts and enforcement bill, due for a second reading in the Commons today, includes measures that would give extra powers to all bailiffs, including the right to force entry to premises to enforce unpaid debts, including credit card arrears. Currently, only certain bailiffs have this power, notably those enforcing magistrates' court fines.

Citizens Advice said the proposed legislation could lead to an "unprecedented" level of abuse of the system, and called on the government to include safeguards to make sure forced entry is only used as a last resort, and for independent regulation of bailiffs to be part of the legislation.

The charity said that evidence drawn from 500 cases involving bailiffs showed worrying trends in the way debts are recovered. Almost two-thirds of bailiffs were guilty of harassment or intimidation, while 40% misrepresented their powers of entry. A quarter also threatened the debtors with imprisonment, while 42% charged excessive fees.

In half of these cases - in which bailiffs had either broken the law or their own code of conduct - the victim was vulnerable, Citizens Advice said.

"Record of abuse"

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Chief executive, David Harker, said: "Our evidence over many years shows that bailiffs have an appalling track record of abusing their existing powers against vulnerable people.

"They are often abusive and aggressive and use threats of violence and prison to pressurise people into paying lump sums they cannot afford.

"Bailiff law is complex, confusing and long overdue for reform. This bill should have been the perfect opportunity to modernise the law and end abuse once and for all.

"Instead, it gives bailiffs greater powers without any proper regulation - a recipe for abuse on an unprecedented scale. It is a scandal and a disgrace that six years after the government made a commitment to bring in independent regulation, the misery and abuse continues."

A spokesman for the Department for Constitutional Affairs said it was "misleading" to suggest the bill will simply extend the power currently available for fine enforcement.

"Bailiffs will need to apply to a judge for a warrant permitting the use of forced entry," he said. "The new power will only be available in strictly-controlled circumstances, with prior judicial authority and as a last resort when all other suitable methods of enforcement have been exhausted. It will only apply to credit card debts where a creditor has secured a judgement in the county court."

He added: "The bill provides for the regulation of all enforcement agents, including bailiffs, who are not crown employees. In future, they will all have compulsory criminal record checks, all be subject to the same complaints system and all have to hold a certificate issued by a county court judge."

He added that long-term plans include the proposal that an independent regulator license all non-crown-employed enforcement agents.

The bill also contains a package of measures to help those who have fallen into debt and are struggling to meet their commitments, the department spokesman said.