Ministry of Justice
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Dodgy Bailiffs ruled out
Plans designed to protect householders from unscrupulous Bailiffs in England and Wales were unveiled today by the Ministry of Justice.
The new measures will mean:
* More training for bailiffs to stamp out cowboy practices
* Set qualifications to raise standards
* A powerful independent regulator
Justice minister Maria Eagle said:
"People have a right to recover their debts, but no-one should have the right to threaten, bully or intimidate people just to collect cash they are owed.
Regulation of bailiffs is an important part of protecting householders in disputes over debts and fines and will ensure only licensed agents are able to enter a property.
"These rules will raise the level of professionalism among bailiffs by ensuring they are trained and know their legal limits. It will also ensure the public is protected by a properly regulated sector.
The plans are announced in the Response to the consultation paper "Regulation of Enforcement Agents" published today. This document recommends that bailiffs in England and Wales should be regulated by one body, the Security Industry Authority (SIA).
The responses show agreement on the need for a statutory body to regulate the bailiff profession. It would deliver better value for money, set one standard for the industry and one set of training competencies leading to set qualifications.
Respondents also said that regulation would provide safeguards to ensure debtors rights were not violated.
The report also confirms:
* We will need to look in detail at the different complaints procedures. This will not be a role for the SIA.
* A commitment to ensure that there is a common set of standards and a common system across the enforcement industry necessary to regulate Crown employees.
* Enforcement agent powers are covered by the Tribunals, Courts and Enforcement Act 2007. Extended powers of entry will not be brought in to force until the statutory regulation of the industry is in place.
Notes to Editors
1. The consultation paper "Regulation of Enforcement Agents" set out the options for the future regulation of enforcement agents and sought views on the evidence presented on all the options.
2. The consultation closed on 25 April and this report summarises the responses.
3. Information on people's rights and responsibilities when bailiffs and other enforcement agents call on them is available from the DirectGov website.
4. Any debtor or third party can lodge a written complaint to the county court that granted the enforcement agent his/her certificate. A judge determines whether the complaint has merit and if the complaint is upheld, the enforcement agent will be dealt with appropriately.
5. The Tribunals, Courts and Enforcement Act received Royal Assent on 26 July 2007.
6. The measures in the Act brings together, in one place, the laws regarding seizure and sale of goods. Enforcement agent law is currently a mix of statute law, secondary legislation, case law, guidance and codes of practice.
ENDS
