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New Laws Regarding Bailiffs

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Insolvency & Liquidation
(@insolvency-liquidation-2-2-2-2)
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Bailiffs, the word alone strikes fear and embarrassment in the hearts and souls of most people. And one way to stop the bailiffs is bankruptcy.

Beginning next year 2014, there will be some new laws regulating bailiffs, which is to try and handle the problem of aggressive bailiffs.

Bailiffs will be banned form entering properties at night, or properties where only children are present. They also will be stopped from using any physical contact when dealing with a debtor who owes money.

Typically any dealings with bailiffs is to be a peaceable one, but some overly aggressive bailiffs use bullying or force in taking items from homes.

Bailiffs will also no longer be able to charge what fees they want, as set fee scales are to be brought in.

Bailiffs have always had a bad reputation and it only takes a few aggressive ones to really instill fear and give the industry a bad name.

The new rules/regulations will be in place detailing as to when a bailiff can enter a property, what they can take, and a fee structure. This will end excessive and multiple charges.

Landlords will be banned from using bailiffs to seize property for rent arrears, without first going to court. In most instances a landlord needs to obtain a CCJ/County Court Judgment, then get an enforcement order in place prior to sending out bailiffs.

Bailiffs are widely used to collect debts and just the threat of one being sent out to your home puts the fear in you. It is just a embarrassing, not nice feeling in having to deal with bailiffs. But they have their job to do.

One point to keep in mind is bailiffs are to take possessions in a peaceable manner, which also means if someone attacks or physically assaults a bailiff, that person can be charged, and there have been cases in the past where the debtor was charged with assault on a bailiff.

Those that agree with the new rules say they don’t go far enough. There needs to be an independent regulator and also a formal complaints procedure in place.



   
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