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New bailiff rules - open season for debtors or protection from thugs ?

4th Apr 2014
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I don't know if you have ever experienced a bailiff armed with a court order at your door or perhaps been called in a panic by a client in such a situation but it's not something you ever forget.

I watched the report on http://www.bbc.co.uk/news/uk-26880756 and my initial reaction was that the repeat offenders , the recalcitrant debtors will drive a coach and horses through this and make life even more miserable for creditors. The honest but unfortunate debtor tends not to play games and bailifffs understand this and in my expereince play ball , so is this change really necessary ?

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Replies (4)

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By LucasJohnson
04th Apr 2014 16:25

Well.....

I have many calls from 'clients' with bailiffs on the doorstep, so it is something I get used to rather than never forgetting.

Bailiffs and Insolvency Practitioners have interesting relationships.  They are charged with maximising the return for one client, we are charged with ensuring parity between all, so the tools at our disposal can frustrate their actions instantly, which provides for some interesting conversations at times.  Things have got better over the last 10 years though as bailiffs have become educated about various laws and rules that govern or interact with what they do.

 

In my personal experience 50% of the time the bailiffs are great and very professional and supportive, whilst the other 50% do like to bully debtors into paying.

 

When you look at the changes I think that they are positive overall, especially when they will stop some unpleasant tricks or actions in their tracks especially in relation to fees and to give you an example of why this is good we found a letter on our doormat at about 2.30pm some 2 weeks ago from a firm of bailiffs stating they had called round and got no answer, it said they would call back in a few days to try and see if ABC Limited was available and collect the debt, oh and by the way the charges for us calling and getting no answer are £x.  

The following day, this time around 12pm, one of our employees spotted a piece of paper on the doormat by our front door.  It was another letter from the same bailiff stating they had called again and got no answer and the charges were now £x+x+a bit more.

But, how come with a fully staffed office the bailiff never rang the bell, never knocked on the door, never rattled the letterbox or anything else that a bailliff would/should do to collect a debt??  Call me cynical but isn't it a convenient way of racking up fees by you 'not being in'??

By the way I must make it clear they were calling to collect a debt in relation to a company liquidation we are handling and the office they called at does not at this moment in time have a board outside to say who is here, however the address is quite clearly marked for all to see, which is evident from the letter being pushed through the right letterbox.

So unfortunately it is evident that more rules were needed to try and stop behaviour like we experienced taking place.  If they had knocked we could have informed they what had happened to the company given the creditor clearly hadn't informed them.

 

Inevitably it will give some debtors more room to manoeuvre and "make life more miserable for creditors", but I think it will encourage a more conciliatory approach, which can't be a bad thing.

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Norman Younger
By Norman Younger
05th Apr 2014 23:47

Better bailiffs

I have also had mixed experience both in business and in communal work. One of the biggest problems I found was that some bailiffs are as thick as two short planks and simply thugs.

Another issue I have found is why police attendance is necessary on some occasions where there is a family involved and the bailiff was on first name terms with the debtor because they had come so many times and given them so many last chances. One of the traffic cops (yes 2 traffic cops ) at one point refused me access in spite of being called in a community activist role. I asked him if he had ever been attacked by an accountant but only gained access because the bailiff was using her brain and desperately trying to find a way to avoid removing the family furniture with a 3rd party (ie me)to negotiate

Ultimately a law that is dealing with crooks and honest people who a re legally in the same position is going to struggle to find a balance that is fair to the good guys

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Sarah Douglas - HouseTree Business Ltd
By sarah douglas
19th Apr 2014 08:48

If they paid the bills and Companies House barred

Hi 

If people pay their bills in the first place or contacted the Debtor to try and make a payment plan their would not be a problem.  If companies house barred directors who constantly go into liquidation to avoid paying their bills to other suppliers.   Personally I would like to see these type of Directors disqualified.  I am sick to the teeth of Directors in Ltd companies not paying their bills to small suppliers.   

So personally I have no problem with bad payers been chased.  If you are not going to pay then don,t use the services or the supplier. 

I do have sympathy for families who get into debt but there is plenty of advice out there before it goes to the bailiff stage.

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Norman Younger
By Norman Younger
23rd Apr 2014 08:20

Disqualifying directors

I am not sure that it would work as these sorts always fnd away round the system , which needs root and branch overhauling to tack le persistent deliberate debtors who work thru the rules quite easily

Even an easily reached free public database of persistent "offenders" is a step forward

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