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Britain

Bailiffs face more regulation but bosses still get easy ride

Sunday 27 January 2013

Bailiffs will face mandatory training and certification in bid to "clean up" the dirty world of debt collection under proposals revealed on Friday.

But experts said the new laws in England and Wales would fail to control rogue bosses.

Justice Minister Helen Grant insisted that the new guidelines would help protect the vulnerable.

They include an end to late-night visits and a ban on entering homes when only children are present - neither of which are allowed under present guidelines.

And Ms Grant's consultation response specifically ruled out a popular call for an independent watchdog for victims of bullying and abuse.

The only major changes are caps on what bailiffs can charge and the certification programme.

Ms Grant claimed that a "small minority" of companies had given the debt collection industry a bad name.

"These new laws will clean up the industry and ensure bailiffs play by the rules or face being prevented from practising," she said.

Citizens Advice and other organisations had argued that voluntary industry bodies could not be independent or focus on grievances "in a meaningful and objective way."

But Ms Grant's office disagreed: "We consider that the proposed changes to the law, fees and the certification process will address some of the current complaint issues.

The government would "work with all stakeholders" to clarify the process, she said.

But Citizens Advice's chief executive Gilian Guy said the government had failed to "get to grips with the fundamental flaw - a lack of proper controls and consequences for bailiff firms."

The Local Government Ombudsman could help in cases involving the public sector - but the £1bn-a-year industry worked for private companies as well as local authorities.

"For decades bailiffs have terrorised people in their own homes by flouting the law and misrepresenting their powers, so this announcement can't come soon enough," Mr Guy said.

But the public could not simply hope bailiffs would abide by the law, she said.

The very nature of their business should mean the government puts its full weight behind making sure bailiffs are behaving appropriately by setting up a licence system which sees errant bailiff firms struck off."

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