Citizens Advice says bailiffs are breaking rules

Call for regulation of debt recovery to be put on a statutory footing

Bailiffs are breaking rules on a massive scale and raking in huge fees while driving people into deeper hardship, claims Citizens Advice. The charity raised its concerns as its cost of living survey revealed one-in-four people (27%) have fallen into debt.

The Citizens Advice polling found more than two million people were contacted by bailiffs during the last 18 months, with one-in-three (39%) who came into contact with a bailiff experiencing behaviour that broke rules set out by the Ministry of Justice (MoJ).

Incidents include bailiffs forcing their way into a home when not allowed, not taking vulnerabilities like disability or illnesses into account, or taking goods needed for work reasons.

Citizens Advice found that 64% of people who had come into contact with a bailiff (also known as civil enforcement agents) had experienced harassment or intimidation through doorstep visits, misrepresenting powers, or even threats to break into the property.

With increasing numbers of people falling behind on essential bills, the charity estimates that bailiffs added £250m in fees to people’s debts during the last 18 months, placing further pressure on household finances.

Half of people (49%) who came into contact with a bailiff

CIVEA responds to Citizens Advice views on civil enforcement

Civil Enforcement Association (CIVEA), the debt recovery sector’s representative body, has asked to see the data on which Citizens Advice has based its statements.

Russell Hamblin-Boone, chief executive of CIVEA, said:

“CIVEA is disappointed to read the statement from Citizens Advice and will be interested to understand how this data was gathered and interpreted. We will study the evidence and would expect that this will also be shared with the said they experienced long-term financial consequences, such as debts becoming harder to manage, needing to take out more

John’s story...

Citizens Advice client John* lives with his partner and children. They live in a rural area and have a child who is disabled. Just before Christmas, John was woken up before 6am by a call from a bailiff who was outside his home.

John had a £90 debt for a missed Council Tax payment and was put onto a repayment plan. The bailiff demanded nearly £500 in extra fees for their visit and threatened to take his car, which they’d already clamped. John was forced to borrow money to pay the bailiff as the family are reliant on their car.

John said: “I missed a payment on my debt repayment plan because my child had been taken to hospital. Yet the council still passed my debt over credit and not being able to pay other bills because of bailiff fees.

Almost three-quarters of people (72%) said that their mental to a bailiff. After receiving the call from the bailiff, I went outside and he was in his car. He wouldn’t get out to speak to me but was being really aggressive and said I had to pay or he’d call for my car to be removed.

“I told him that I have a disabled child and he basically said he didn’t care. In the end, I got someone to come down with a bank card to pay the bailiff through his car window. Once it was paid he got out of his car and removed the clamp.

“I suffer from PTSD and my anxiety kicked in. It was a really bad day for me. I had to pay back the money I had borrowed which left us short, so other bills didn’t get paid and we’ve been left robbing Peter to pay Paul.” health was impacted. Citizens Advice said many people now feel unsafe in their home, are afraid to answer the door and even not wanting to leave their house.

* Not his real name.

Citizens Advice says that, despite repeated calls for the government to regulate the industry over many years, the current Enforcement Conduct Board (ECB) only provides independent oversight of bailiff firms that choose to be accredited.

Citizens Advice believes that with more people falling into debt, and potentially exposed to bailiff action, a voluntary, self-regulation model is no longer able to meet the scale of the issue. Instead, the charity wants the regulation of bailiff firms to be put on statutory footing.

Dame Clare Moriarty, chief executive of Citizens Advice, said: “Bailiffs are a law unto themselves. Rogue behaviour is making things far worse for people in really difficult situations – sometimes pushing them further into debt.

“Rules are in place to try and ensure bailiffs act fairly to recover debt, but our advisers are hearing from people every day who are being intimidated and harassed by bailiffs breaking these rules. This can’t be allowed to continue. Bailiffs have been left to regulate themselves for far too long. We need the government to step up and ensure the industry is held accountable for its actions through a statutory regulatory body.”

Enforcement Conduct Board.

“Enforcement agents are closely monitored and use body-worn video cameras, so we can respond to all complaints when they are identified. Taking the facts alone there is no evidence from the case provided that the enforcement action was not conducted according to The Taking Control of Goods Regulations 2013.

“Anyone who does not pay their Council Tax and does not respond to numerous letters, calls and texts from the council and enforcement firm, should expect an enforcement visit to their home.

“We will review the video evidence to ensure that the agent’s attitude was appropriate and that the member of the public was given all the information required to pay their debt.

“Given that the case study inaccurately states that an enforcement action is confirmed to have broken Ministry of Justice rules, we would need to review all the evidence to ensure that Citizens Advice has correctly interpreted its anecdotal surveys. We appreciate that enforcement action can be distressing, but it is the ultimate sanction available to councils to recover £5bn in unpaid debt that funds essential services, such as adult care, fire and police services and even pothole repairs and street lighting.

“CIVEA has worked closely to establish independent oversight of our industry and is pleased to see that a business plan for the Enforcement Conduct Board has been published.”