Should Bailiffs be Regulated in the UK?

March 16, 2012 - PRLog -- Towards the end of last year ITV1 screened an Exposure episode, the subject of which was an undercover expose of one of the Country’s largest debt collection agencies (DCAs).

The agency concerned used the services of a rogue bailiff who disregarded industry guidelines in many ways, to include charging for visits never made, intimidation of people who were not the debtors and using racist language.  In response, the company chairman became involved and responded by saying that the firm had terminated this bailiff’s contract and they were shocked and saddened that one of their own could have acted in this appalling manner.

Whilst the sensationalism of this and similar such programmes on the BBC and Channel 4 have undertaken investigative reporting on DCAs in recent years, there remains a serious concern that bailiffs are still unregulated.

Diane Bantten, Managing Director of Acquit Debt Recovery said, ”The sector supports regulation but is dismayed by the lack of movement by the Government on the issue.  As a body, we have been asking successive governments for regulation.

“Whilst a new consultation paper has been promised, publication of this has been delayed.”

The most recent move towards regulating the sector saw the Tribunals Courts and Enforcement Act in 2007.  This provides for the abolition of the historic office of bailiff in place of court appointed certified enforcement agents, affording The Lord Chancellor power to make regulations for the granting of certificates to agents.  

The Act also provides for an online bailiff database; CRB checks for all bailiffs; a minimum training requirement and the prohibition of bailiffs forcing entry into a debtor’s home.  Sadly, the delivery of this code is not due to be reviewed until later this year, leaving the legislation in limbo.

Diane points out that the industry as a whole is still frustrated that the parts relating to changes in enforcement within the Act are still not in force. In the current economic climate and with increased talk of vulnerable debtors and aggressive bailiffs, there is no serious consideration being afforded to the creditors.  There is a desperate need to plan how enforcement agents will work with transparency of fees and an industry wide code of conduct.

Meanwhile, the Office of Fair Trading (OFT) has provided some guidance, based on a code developed by the voluntary trade body The Credit Services Association, which was updated in October 2011.  This guidance includes how to utilise social networking sites when attempting to recover debt, as well as the reasonable hours and locations in which to track a debtor.  However, this code is not mandatory and this uncertainty over professional standards means that the better regulated parts of the sector – such as County Court Bailiffs and High Court Enforcement Officers (HCEOs) who are bound by professional rules - remain the safer choice.

“Acquit Debt Recovery uses County Court Bailiffs and HCEOs who are regulated as to what they CAN and CAN’T do.” explains Diane. “With the self regulating that currently exists, there is a lobby to have every bailiff fall within the same regulations.  There should be a code of practice and clear rules for debt collectors to follow.”

“Regulation is only part of the problem.” She says, “Litigation should be seen as a last resort, especially with the ever increasing costs of entering into it.”

During the debt recovery process, at least 25% of cases open dialogue with a creditor right away and usually enter into a payment plan.

Acquit Debt Recovery deals with recovering commercial debts and already has an impressive portfolio of clients which continues to grow.   It works as an outsourced partner with organisations to help manage their debt and improve cash flow by recovering outstanding debts and advising on effective credit management.
The company offers free credit reports to their clients, providing better insight to their debtors’ financial positions to better gauge whether their debtor is able to pay their debts - thereby reducing the risk to the pursuant.
For more information regarding the services offered by Acquit, please contact the team on 01202 432022 or visit their website at www.acquit.org.uk.

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Acquit Debt Recovery was formed in 2009 by lawyer Diane Bantten.  It provides an outsourced debt recovery facility to ease cash-flow. It specialises in recovering commercial (B2B) debts and operates within a variety of sectors from manufacturing, to recruitment and construction, to name but a few. It is different to many debt collection agencies as Diane’s expertise and qualifications ensures that Acquit stands out from other collection agencies.  Acquit is known for its outstanding client service and understanding its clients’ needs.
Acquit Debt Recovery do not act for debts incurred through Consumer Credit Agreements.
The website is www.acquit.org.uk
Released by :   
Alexandra Eaton MCIM
Principal
ae marketing solutions
Phone: 07861 899375
Email: alex@aemarketingsolutions.co.uk
Web: www.aemarketingsolutions.co.uk

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Freelance marketer, working for various different companies in the property sector; surveyor, developer, agent. Pay as you go or ad hoc, to suit your needs. Based on South Coast of England, but happy to provide PR services UK wide.