Government considers clampdown on ‘rogue’ bailiffs

Tougher laws to regulate bailiffs could be introduced to protect vulnerable people who owe money.

Speaking in a Westminster Hall debate, Labour MP Luke Charters warned that many vulnerable people are being intimidated and harassed by “rogue bailiffs”.

As a result, he wants to see a new independent regulator set up, with minimum standards for bailiffs set out in law.

“This is not about punishing bailiffs who do their job correctly,” Mr Charters said.

“It is about removing rogue operators and raising standards across the board.”

At the moment, 96% of bailiffs are signed up to a voluntary accreditation scheme overseen by the Enforcement Conduct Board.

But Mr Charters believes the lack of legal enforcement means rogue bailiffs can “operate with relative impunity”.

Minimum standards of care

Mr Charters has also called for specific rules to protect the most vulnerable people, which would set out minimum standards of care.

“Bailiff action is a distressing event for anyone, but for people with mental health problems it can be catastrophic,” he said.

“Aggressive debt collection leads many to take out high-interest loans, worsening their situation.” 

He added that a bailiff registration service and centralised register should be set up, as this would help the public check their credentials, reduce fraud and ensure accountability.

Government wants to protect vulnerable people

Although the government hasn’t committed to setting up a new watchdog, justice minister Alex Davies-Jones said it is looking at ways to protect people from “inappropriate enforcement action”.

“While the vast majority of enforcement agents comply with the law, sadly some do not,” she commented.

“The government want to ensure that the enforcement sector operates fairly and effectively and, more importantly, is regulated properly.”

Ms Davies-Jones stated that any approach taken must be “balanced and just”, and also consider “the needs of the most vulnerable in our society”.

“We are determined to get this right,” she added.

What we want to see

Money Wellness are fully behind calls to better regulate the bailiff sector, so people who are at risk of action are properly protected and given suitable debt advice.

We’re calling for:

• Local authorities to focus on providing tailored support, not going straight to bailiff action.
• No threat of imprisonment for non-payment.
• Changes to council tax enforcement, so people get more time to pay.
• Stricter guidelines for bailiff conduct, so people are treated with respect, professionalism and fairness.
• Bailiffs to assess a person’s vulnerability before taking action.
• People to be referred to a free debt adviser before any enforcement action.

To find out more about enforcement action, your rights and what a bailiff can and can’t do, check out our handy guide. 

You can also give us a ring if you need advice on how to deal with bailiffs.

And if you’re struggling with your debts, then don’t delay asking for help.

We can advise you on debt solutions if you’re struggling with repayments (some are free, for others there’s a fee).