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Bailiff rules tightened up
20 January 2012
Updated National Standards setting out acceptable behaviour for bailiffs have been released by the Government. The Standards are intended to protect people from rogue bailiffs, whilst at the same time ensuring that businesses and individuals can still recover debts fairly.
The Standards outline the minimum levels of behaviour expected of bailiffs involved in debt recovery, including:
- Bailiffs must not behave in a threatening manner or use unlawful force to gain access to a home or business.
- Bailiffs should avoid discussing the debt with anyone except the person owing money and must never behave in a way that would publicly embarrass a debtor.
- Bailiffs must withdraw when only a child is present.
- Bailiffs have a duty of care towards vulnerable people and must use discretion when collecting debts from such people.
As well as updating the Standards, which are voluntary, the Government has outlined proposals to create a new legally-binding regime for bailiffs, to include:
- New rules regarding the modes and times of entry to make it clear when and how a bailiff may enter a home or a business.
- Which goods a bailiff may not take from a home or business in order to recover a debt.
- What fees bailiffs can charge for debt collection services.
Harvey Ingram’s team of debt collection solicitors can assist you with all aspects of debt recovery. You should contact Sean Moran on 0116 254 5454 or refer to www.harveyingramonline.co.uk/debt-recovery for details of our fees and services.
