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Bailiffs will be given power to break into homes
Last updated at 11:07am on 05.03.07
Bailiffs are set to get sweeping powers to break into homes and seize goods if people fall behind on credit card bills.
The move would leave tens of thousands at risk of finding their doors kicked down and TVs and computers seized.
The Government proposals have been condemned by the charity Citizens Advice, which warned of an epidemic of intimidation and damage.
The charity is concerned that bailiffs are already largely a law unto themselves, using threats and menacing tactics to ensure debtors pay up.
Many levy huge and questionable collection charges which force people deeper into debt.
But under the Tribunals, Courts and Enforcement Bill - receiving its second Commons reading today - they will be given the power to break in to domestic premises and enforce consumer credit debts, including credit card bills, which are the subject of a County Court Judgment.
It is not even clear whether the householder will need to be in at the time. That will form part of secondary legislation.
At present, only certain enforcement officers - notably those pursuing magistrates court fines - have powers to break in.
Bailiffs enforcing County Court Judgments can enter a property only if the householder lets them or they find an open window or unlocked door.
Personal debt in Britain has now reached an all-time high of £1.3trillion after a spending and borrowing boom fuelled by banks recklessly offering high credit limits to almost anyone.
Over the last three years there have been a number of suicides of desperate borrowers. In February last year 47-year-old Ian Beech, a father of two, killed himself on the day the family home was due to be repossessed.
Citizens Advice fears the new powers for bailiffs could lead to more such tragedies.
It says evidence from its network of bureaux has shown that intimidation, harassment and excessive fee-charging by bailiffs are commonplace.
Analysis of 500 cases showed that almost twothirds of bailiffs were guilty of harassment or intimidation, 40 per cent misrepresented their powers of entry, almost half levied unfair fees and a quarter threatened the debtor with imprisonment.
Chief executive David Harker said: "Bailiffs have an appalling track record of abusing their existing powers against vulnerable people.
"They are often abusive and aggressive and use threats of violence and prison to pressurise people into paying lump sums they cannot afford."
He added: "Bailiff law is complex, confusing and long overdue for reform. This Bill was a perfect opportunity to modernise the law and end abuse once and for all.
"Instead it gives bailiffs greater powers without proper regulation - a recipe for abuse on an unprecedented scale.
"It is a scandal and a disgrace that six years after the Government made a commitment to bring in independent regulation, the misery and abuse continues."
Citizens Advice is calling on the Government to include clear safeguards in the Bill to ensure forced entry is a last resort.
It should be employed only where it can be shown that the debtor is not a vulnerable person and that non-payment is the result of wilful or culpable neglect.
The charity is also pressing for independent regulation of bailiffs in the proposed legislation.
The Debt on our Doorstep Coalition, a group of churches, charities and debt advice experts, also opposes giving bailiffs a right to break in.
A spokesman said: "Bailiffs often act in unacceptable ways towards debtors who, for the most part, are incapable of paying the debts in question."
Reader views (20)
We should be protecting the consumer not the creditor by offering them more ways too harrass people! In debt or not, there are always peaceful solutions for everything, but the creditors dont want to listen! So, then we all have to deal with these ignorant, unlawful, bullying tactics of bailiffs.
If they make it legal for bailiffs to break in to your home, what is that saying about our governments morals? I thought they where trying too reduce crime not making it sound like 'it's okay 'cos someone owes us money'.
I, for one, if ever approached by a bailiff in this manner will make sure if they even come close to my front door, they will not be leaving with anything but a bust ego.
If this was America we wouldn't even be having this debate as if a bailiff walks on your land you have the right to protect your property and therefore can promptly shoot them, not a bad idea really as this actually makes the creditors take a bit more interest and be more compassionate with their customers needs!
Bailiffs shouldn't even be operating as it is, or have I gone back in time?
- Duncan Lowe, East Riding Of Yorkshire
Imagine if the debt a defaulter got into was because he had lost his shirt and life savings in one of the new super casinos that the government are trying to force on us.
They give us the means to get horrifically in debt, then give carte blanche to a bailiff to break in and take whatever takes his fancy... legalised burglary. What next?
- Jk, London
I agree with Suzanne. I am aware of a case of someone who moved into a flat. The previous owner's partner was up to his eyes in debt and Bailiffs pursued the new owner and were reluctant to believe he was not the debtor they were looking for. Under these new proposed rules this perfectly innocent person could come home to find his house ransacked and his goods taken to pay off anothers debt. I would not trust bailiffs to check thoroughly the identity of the person whose hourse they wish to enter. This is a dangerous law.
- Tony, Tyne and Wear
These plans are ludicrous and frightening - I too live in flats and have had to deal with previous residents' mail - including a bailiff's notice. I find it horrifying that they would be able to break into people's homes - especially when they could be labouring under a mistake.
- Anna Holland, London
How has this been allowed to happen? Bailiffs are thugs who extort money - from vulnerable people as well as from those who have fallen into debt from being screwed by TfL or parking ticket enforcement, or whatver. Everyone knows this is true - those of us who have seen them do it to neighbours and friends can prove it - every time my boyfriend pointed out they had added 200% or more to the bill they backed off. What if we didn't know about the law? These bullies would have been able to simply break in and steal my things? Who were the government listening to when they agreed to this? I am unable to even guess - this is totally insane.
- Seen It All Before, London
Who is going to ensure that all goods seized have been recorded and not appropriated by these bailiffs for their own use?
What will the result be if a family decide to defend their property by any means available?
Although I agree that people should pay their debts, again this is over the top by this government. Now we face the possibility of the bailiffs arriving at your house to kick the door in and take what ever they like and sell the goods, to their buddies, at auctions for next to nothing.
- P.Robinson, Northants
Great. No less than three times last year I have had bailiffs dropping threatening letters through my door, addressed to nonexistent people who have never lived at my address. I even know why this happens. Someone perverts "Flat 2, Somebody building, Acacia avenue" into "2 Acacia Avenue", and I live at number 2. Chances are high that the person in the flat isn't even dishonest, and has just never received a bill to pay (because I've had to return dozens of them "not known at this address, return to sender").
- Nigel, London
I can understand the thinking behind this but it would have to be very very carefully implemented - bailiffs must be absolutely certain that they have the correct address before acting. Those of us living in rented accommodation are used to fielding enquiries regarding previous tenants whose finances were more questionable than one's own. I once averted an attack of the bailiffs by sheer chance - obviously I don't open post for other people, but there was no forwarding address for this one person and no return address on the envelope so I tore up the envelope to drop it in the bin. By chance, a piece of the letter fell onto the floor and in picking it up I noticed that it said bailiffs were to visit in three days. This company had clearly been trying to contact the defaulter for ages but had made no effort to confirm that the contact details were up to date when its letters had gone unanswered.
- Suzanne, London
No one should have the right or power to break into your home, under no circumstances what so ever. And also what about identity theft, innocent people are going to find baliffs in their houses with no idea why? These laws are crazy and should not be approved, yet as we know, Labour just basically push through everything they want regardless of public thinking on the topic.
- Brandon Thomas, London UK
I think this proposal is wrong due to the fact that baliffs dont always get everything right. I had baliffs knocking the door only a year back because some fraudster had used our address to register his account with a catalogue and they came round trying to collect their debts.
If we wern't in and they had the option to break in...
Well you can figure out the rest for yourselves!
- Stuart , Birmingham UK
Whether the move would be good or bad I don't know, but there needs to be some redress to counter the thieves who "purchase" goods on credit and than don't pay for them. Bailiffs looks like the right idea to me. Whatever the scheme is there will always be people who can quote problems, but what we need is solutions and they've got none.
- Frank, Wolverhampton, England
This is totally unacceptable. A friend's husband traded in his car, which he had brought outright some years ago and thought no more out of it. He is now being hounded by thick skinned and small brained debt collectors who have brought the outstanding HP debt. The HP debt is obviously some type of fraud and under these rules they could enter his property. Bailiffs need less not more powers!
- Michael, London
I've had bailiffs round twice when they're looking for previous residents who lit out leaving their debts behind. One time they were very decent about it, the other time they made it very clear that they considered me to be fair game and threatened to take my car if I didn't pay the debt. How are the innocent going to be protected from these bully boys?
- Ian, London
I've never had a visit from bailiffs, but I was harassed regularly by my flat's previous occupant's various creditors, which was entertaining at first (it certainly explained why she left in such a hurry without leaving a forwarding address) but rapidly became annoying, especially when I tried to get a phone line and ended up having to prove to BT that I lived somewhere else during the period for which she didn't pay her bill.
So does this new legislation make it incumbent upon the bailiffs to ensure beyond all reasonable doubt that the person they're after is still living in the premises before they break in?
- Michael, London
In the light of so many errors by credit card companies and identity fraud, not to mention people moving or giving false addresses, this is a total disgrace and a ridiculous idea - just another example of Labour licking the boots of big business.
- Stephen, London
Why not try to help the people who are getting into debt instead of giving more power to baliffs who can be rude and intimidating. And what happens if you rent out a room to somebody who gets into debt. Do the baliffs break in and take your stuff instead of theirs. How will they be able to keep an eye on these people.
- Emma, London
As in the case of Mike Melbourne, I have had to deal with Baliffs for a previous occupants debts. I had to prove that the flat had been previously rented and that I was the owner. In this instance would the baliffs be justified in breaking in or would they be committing an act of trespass?
- Lloyd, London
This is an outrageous proposal. Yet again contempt for private citizens is displayed by our legislators, who seem incapable of comprehending the amount of anguish such activity may cause. Baliffs once called at my home looking for my landlord who was still (unbeknownst to me) registered there. If these meatheads had the power to break in I could have had my property taken and or damaged, and no doubt months of hassle seeking redress. This cannot be allowed to pass through Parliament, as it is yet just another erosion of civil liberties. Whatever happened to "Home is his castle"?
- Jk, London
I'm often amazed by Government decisions are they not aware that many bailiffs do not even comply with the current rules on what they can and can’t do, giving them more powers will lead to some of them performing even more false entries.
Some years ago I had two bailiffs looking for the former owners of my property impersonating police officers on my doorstep to try and obtain information about them. I know because I checked with the local police station giving them the vehicle registration they later came back to me and told me that the bailiffs had been warned about their behaviour.
- Mike Melbourne, Bedford
Another example of the British government showing contempt for its citizens. No man should be allowed to break into another mans home unless there is a warrant signed by a judge and in the presence of police officers. Such break-ins should be for criminal acts and never for credit issues.
- T A Paul, West Palm Beach, Fl.USA
