The Government has proposed new powers for bailiffs which, if successful, would allow them to restrain or pin down debtors to seize goods.
Under proposed regulations, bailiffs from private firms would be allowed to force their way into homes to collect valuables and would be able to use “reasonable force” to physically remove debtors who try to defend their property, i.e. by draping themselves over a car or blocking the door of their home.
Whilst the government wants to clamp-down on non-payers and says the powers would be overseen by an industry watchdog, it has been criticised for taking away homeowner’s protection that has stood for centuries – rather than offering some sensible debt advice to people struggling with their finances.
Last week it emerged that guidance released by Her Majesty’s Courts Service, to private bailiff firms, said they could already break down doors as a last resort to collect court fines under legislation passed in 2004.
One way to prevent bailiffs from coming over in the first place though would be to seek specialist debt advice, or to enter a debt help programme sooner rather than later. Debt advice is usually provided free of charge, as is IVA advice.
A trained councellor, specialising in debt advice, can provide expert debt help and offer a number of solutions – possibly through a debt management plan (DMP) or an individual voluntary arrangement (IVA).
Their debt advice could see multiple accounts brought together into a single monthly payment, at a reduced amount (debt management plan) or their debt help could possibly see borrowers debt free after five years (IVA).
A debt management plan (DMP) could help regain control of the financial situation, whilst still repaying creditors. Debt management plans are also flexible solutions which can adapt to changing needs.
Debt help, like a debt management plan (DMP), could help you avoid having bailiffs at your door, as contact is maintained with creditors and legal action can usually be prevented.
According to their “search and entry powers” guidelines, Her Majesty’s Courts Service offered that some restraint should be exercised. Apparently “If a person locks himself in their home, it might be reasonable to break open the door, but probably not to smash a hole in the wall”. Also, only “reasonable force” should be exercised. That’s comforting to know isn’t it!