A recent report from Citizens Advice shows that people do not complain about bailiffs. Citizens Advice claims this is because the system is complicated and frustrating.
There has been a 24% rise in people coming to Citizens Advice with bailiff problems since 2014.
Nearly three-quarters (72%) of people who experience a bailiff breaking the rules do not complain at all. According to the report, which covers England and Wales.
In the past year, Citizens Advice said it has helped 41,000 people with 90,000 bailiff issues. And the bailiff pages on its website were visited more than 140,000 times.
Interviews with advisers and people who have sought help from Citizens Advice found people do not complain because it is unclear how to do so.
The pressure of bailiff enforcement action puts people off complaining and there is a lack of faith in the process.
Citizens Advice also said that a reliance on self-regulation and court-based enforcement makes it hard for people to complain.
Pressure is growing on the government to crack down on bailiffs, many of whom have been accused of being a “law unto themselves.”
Citizens Advice obtained figures from the Ministry of Justice. These showed just 56 complaints were made through a court-based process introduced as part of bailiff reforms in 2014.
It is calling for the introduction of a bailiff regulator.
Gillian Guy, chief executive of Citizens Advice, said:
“The complaints process is complicated and frustrating.”
Rogue bailiffs were inflicting widespread harm on people and their families.
The government introduced changes four years ago. Which said bailiffs “should not press people to make unrealistic offers” and should “refer reasonable offers on to the creditor”.
But while those reforms were “well intentioned” they have had little effect on improving the behaviour of some bailiffs, Ms. Guy said.
“Faced with the evidence we’ve put in front of them, the Ministry of Justice has no other option but to establish an independent bailiff regulator.”
She said that alongside the introduction of a bailiff regulator there should be an independent complaints process.
“It’s important complaints are reviewed independently of the bailiff industry and outside the court system.”
Bailiffs currently regulate themselves. A situation that has allowed some firms to “flout the rules” and “push the limits of the law”, Citizens Advice said.
Citizens Advice estimates that households collectively owe about £19bn in council tax and utilities arrears. Which now cause more problems than any other form of debt.
Debt charities also back a reform of the bailiff sector which it said would help people who have problems paying council tax or utility bills.
The fact is that all the main debt advice services are continuing to see too many cases where bailiffs are breaking the rules.
“This is completely unacceptable, especially as the people on the receiving end are often distressed, vulnerable and unempowered.”
“Across the debt advice sector, we are united in the view that it’s now time for regulation to be more robust, and for the rules to be properly enforced.”
“Even some bailiff firms seem to be realising that the days of informal regulation need to end.”
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