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Last Updated: Wednesday, 29 November 2006, 02:12 GMT
Lords urged to curb bailiff power
Bailiff outside a property
The bill aims to simplify the law governing 'enforcement agents'
Peers are being urged by a community charity to push for tougher rules governing bailiffs.

Citizens Advice says the Tribunals, Courts and Enforcement Bill will increase bailiffs' powers, but do little to hold them to account.

The charity says the current system is outdated and open to abuse, and leaves people in debt with little protection.

But the Department for Constitutional Affairs said the bill included a UK framework to regulate bailiffs.

The government says the bill will simplify the law on bailiffs, currently a mixture of different types of legislation, much written in "obscure language" and difficult for most people to understand.

'Abusive' claims

But Citizens Advice is concerned that the bill would allow bailiffs to apply to courts to use reasonable force to enter buildings - meaning people could not refuse them entry.

The charity also says the bill will make it an offence to obstruct a bailiff, punishable by up to 12 months in prison.

It says each year it receives complaints about bailiffs misrepresenting their powers, being abusive and aggressive, imposing fees which double or treble debts and using threats.

Reports from clients of intimidation, unreasonable demands and excessive charges by bailiffs are commonplace
David Harker
Citizens Advice

Chief executive David Harker said he was "deeply disappointed" in the current bill and said it was a "scandal and a disgrace" that so little had been done to stop abuse of the system.

"Reports from clients of intimidation, unreasonable demands and excessive charges by bailiffs are commonplace, but the system for people to complain to the county court is not working," he said.

"This sort of bailiff behaviour is driving already vulnerable people deeper into poverty and debt."

But a spokeswoman for the Department for Constitutional Affairs said the bill would create a single national framework for regulating private sector "enforcement agents".

She said all would have compulsory criminal record checks and be subject to a complaints system as well as hold a certificate issued by a county court judge.

Bailiffs who break the law could face a maximum penalty of £10,000, she added.


SEE ALSO
Tribunals, Courts and Enforcement Bill
24 Nov 06 |  BBC Parliament
At debt's door
26 Sep 06 |  Magazine
On the doorstep
03 Nov 05 |  Magazine
UK bailiff law 'worst in world'
21 Mar 06 |  File on 4

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