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What can and can't Bailiffs do?
Guide to stricter rules
Stricter rules have been introduced to govern the way Bailiffs work. The rules are designed to protect children and your human rights, however the CAB have commented that the new guidelines do not go far enough and that the industry as a whole needs to look at how they regulate themselves.
Bailiffs undertake enforcement work of various types, collecting millions of debts each year in the UK.
The new legislation in force from the 6th April 2014 will have significant changes in the process of collecting debts and the rights of the debtor; this guide outlines the changes but should not replace legal advice and we recommend you contact a solicitor to discuss your situation.
The main points.
- Bailiffs will have to undertake training to obtain certification.
- If action is being taken against vulnerable individuals, the Bailiff must ensure that assistance is given.
- Landlords must obtain a court order before using a bailiff to obtain property against rent in a residential property.
- Rules on the property that a Bailiff can and cannot take, e.g: household essentials cannot be taken - these include domestic equipment such as a washing machine or cooker, computer (providing it is used for work) and mobile phones if no landline.
- Any property seized will be governed by clear rules on when the items can be sold.
- Bailiffs will need to provide details to the Court on forcing an entry, before they will be able to obtain a warrant.
- Notice must be given to the debtor before action (7 days)
- Action can only take place between 6am and 9pm
- The Bailiff will not be able to enter if only children are at home.
- Changes in the charging structure levied by Bailiffs, clamping down on inflated fees being added to a debt.
Bailiffs undertake a valuable service, and have been around for hundreds of years; the new rules will tighten up the industry and increase professionalism.
If you are looking to collect an outstanding debt, or someone is taking action against you, please speak to a solicitor; your local CAB will also be able to give guidance.
Useful Telephone numbers.
CAB
Wales call 08444 77 20 20
England call 08444 111 444
National Debt Line
0808 808 4000
Monday to Friday 9am to 9pm
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