Posts Tagged ‘bailiffs’

Bailiff Power: “We have the balance wrong”

June 13, 2009

Every time I think I have reached the bottom of this government’s inanities over bailiffs I am apprised of further actions which make sense only if these people are in the pay of the financial casino.

Thanks again to the Zacchaeus 2000 Trust I have learned of the Bill introduced by Karen Buck M.P., (Labour for Regent’s Park and Kensington, North), a few days ago under the ten minute rule. It has gone now to second reading which is a triumph for her preparation work which has taken a year.

[Most often ten minute rule Bills are killed at birth!]

In her introductory remarks Ms Buck offers these points which are worth some thought by us all: Bailiffs (Repeals and Amendment) is the title of the Bill and it “… make requirements in respect of the use of force and forcible entry by bailiffs; to make provision for the reference to court of certain cases involving vulnerable clients; and for connected purposes.”

“… Debt and debt recovery action have become a reality for ever larger numbers… the arrival of a bailiff is, for many of those people, the ultimate trauma and humiliation… people have had heart attacks when the bailiffs have arrived. The mental and physical stress… is one of the worst things that will ever happen to them in their life.”

She points out that not all bailiffs fail to be as helpful as possible. But “… many.. are desperate and vulnerable people, and many are also victims of error. … even the actions of bailiffs who behave entirely reasonably… are disproportionate and excessive.”

“… it has become clear to me that we have got the balance wrong,… we need to review… We must certainly not, in any circumstances, think of escalating the powers available to bailiffs, and the Government should rethink their approach to regulation.” [my emphasis]

“… In my local authority alone, and in respect of just… council tax… more than 13,000 cases ended up in the hands of bailiffs over a three-year period.”

“What does it mean… It means fear and trauma for people, particularly children. I have heard of moving cases… children have refused to leave the house or have insisted on having the lights out at home because they are so frightened of a bailiff… seizing their television or computer.”

“… also means an escalation of the original debt, which simply compounds the problems that caused the financial crisis in the first place.”

“For one single parent with three children, one… disabled… (a) parking fine, about which I was making representations, had escalated from an original £60 to £700 by the time the bailiffs arrived.” [my emphasis]

In another “… two sets of bailiffs (were) chasing the same debt. Payments had been made to and acknowledged by the council, but did not then appear on the system.” [my emphasis] This lady wrote “… each party refers me to the other, the fees are ever increasing and.. threatening the removal of goods for the same amount.”

The Bill’s aims “.. are threefold. The power of forcible entry into a person’s home and the power for bailiffs even to use force against debtors are far too extreme to be given to civilian enforcement officers. The balance has been tilted too far against the householder’s right to be secure from trespass into their home. ” [my emphasis]

“… overturns a long-standing common law tradition,… in the Tribunals, Courts and Enforcement Act 2007… some p[owers] have not (yet) been brought into effect… such powers should be repealed.”

“… the power to enter domestic premises forcibly… for collection of criminal fines is already legal, and that too is creating appalling distress for many vulnerable households. Many… fines are levied on people on low incomes for offences such as the non-payment of TV licences, fare dodging and truancy.”

“… the issue here, too, is one of proportionality,… I also seek a statutory procedure requiring bailiffs to return cases involving vulnerable and impoverished debtors to the courts or the creditors, and powers to allow people subject to any bailiff action to apply to the courts for any bailiff warrant to be suspended… (this) is (currently) available only to people subject to county court bailiff warrants.”

“… case law, which holds that a distress warrant cannot be withdrawn once it has been issued. That directly contradicts the national standards for enforcement agents, which suggests a procedure enabling the bailiff to return cases of vulnerable fine defaulters to the court.”

“… disproportionate fines are being paid by benefit claimants and other low-income groups, intensifying the poverty that pushed many of them into debtY Finally, we need a statutory provision for bailiffs to accept ‘affordable payments’, with a definition of what that might mean in practice…”

“… I believe that they need greater protection, and above all, to be freed from the fear of the implementation of the excessively harsh powers held in reserve in the legislation.”

The Bill has six more stages; second and third reading in the Commons; first, second and third readings in the Lords; and signature by Her Majesty. It is only a pity that with this government tottering and the next election in any case but a year away the chances of it becoming law are slim.

But ‘good on yer’ Karen Black; you’re one we need back in the Commons. And keep it up Zacchaeus Trust; we need you.

Debt Control Man

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Matching Debt Repayments to the Budget

September 4, 2008

A vital part of the process of contacting creditors to negotiate a new arrangement is the income and expenditure statement. They need it to assess what they can ask for and you need it to assess what you can afford to pay.
Usually you will receive a budget form from the company. My advice is ignore it. Not the need to present a completed form, but the actual form they send. The reasons for this are many, among them the fact that each company has its own layout, and none are about you; they are about the company!
Now more important is the fact we are facing difficult times. Living costs will inflate for some time, and it is likely that incomes will decline. A squeeze.
So long as you describe your needs clearly in this income and expenditure account it will provide the essential and accurate point for discussion.
I favour this accompanying your second letter, when you have had time to review all your affairs carefully. It might be worth setting it out roughly and putting it aside to come back to for review and correction. When you finally send this off it is vital that you have all items of expenditure included.
This is the 21st century; you are expected to continue to live without starving and without being homeless. In pursuit of this there are certain priority debts and payments. These must be deducted from your income before any attempt to assess what you might be able to pay towards settlement of non-priority debts.
If this gives a debit position—in other words if you need more money than you have to meet your needs then your creditors cannot expect payments.
As you investigate further you will learn of the options for managing your position: IVAs, bankruptcy and so on, and be told about bailiffs and court action. Court action—which rarely happens—will in any case be a long way down the road, and bailiffs can only be involved after court action.
You have research to do of course and trying to work out your personal best course of action. As you seek advice as well you will probably find your first fears recede, and options which you can handle with little discomfort becoming realistic.
That is exactly what I found. Because those who might have been intermediaries gave me advice that was not very sensible for me and made hashes of the figures I gave them I determined that it was up to me. And I am glad I took the step to control my debt crisis on my own terms.