Bailiffs: Regulatory Reform Debate

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Department: Ministry of Justice

Bailiffs: Regulatory Reform

Melanie Onn Excerpts
Wednesday 9th January 2019

(5 years, 4 months ago)

Westminster Hall
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Melanie Onn Portrait Melanie Onn (Great Grimsby) (Lab)
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It is a pleasure to serve under your chairmanship, Mr Evans. I congratulate my hon. Friend the Member for Wolverhampton North East (Emma Reynolds) on securing this important debate. I wish to raise a few cases that my constituents have brought to my attention, and I will focus on vulnerability, which has already been mentioned by some of my colleagues.

Constituents have contacted me in a state of real despair and great distress. One constituent has multiple health conditions, all of which qualify her to be considered vulnerable under the bailiff’s own policies and guidelines, but despite her advising the bailiff of that, her vulnerability was entirely ignored and the debt agency would not take it into consideration until my office intervened. At one stage of the interaction between my constituent and the bailiffs, rather than trying to assist or advise her constructively, she was advised that prison might be an option.

Another constituent has two young children and was pregnant with her third. She too would be considered vulnerable under the bailiff’s own policies. She regularly received threatening letters about the removal of her property and her possessions. She had so few possessions that she was regularly on the phone to my office, in tears, fearing that her children’s toys would be removed to settle some of those debts. The fact that the bailiff would not take into consideration any of the vulnerabilities detailed in its own policies until my office stepped in tells me that the current systems are not working. The extra stress placed on my constituent during her pregnancy made it even worse, and every letter sent and visit made accrued extra financial burden and added more to a debt that she already had no idea how to pay.

Another constituent was harassed by threats of the removal of belongings, and there were many visits and additional letters, ramping up those artificial charges. My office intervened and managed to put in place a reviewed payment plan, but unfortunately the bailiff entirely ignored that agreement, and the following day they turned up at my constituent’s home demanding payment. After an attempt to intimidate my constituent, we had to step in again, but when her health condition meant that she ended up in hospital and unfortunately missed a £10 payment, the bailiff was back at the door as soon as she was out of hospital, demanding payments at a much higher, unaffordable level, and saying that the debt had increased. That was not the case at all, and was completely false advice about the current situation. Fortunately, we were able to resolve the problem again, but this shows that the bailiffs’ code is falling short and self-policing is not working. Today, a clear case has been made for far better enforcement, although if that adds to the burdens of local authorities, the Government should not seek to take action without ensuring that additional resources are in place.