Bailiffs – why they are needed

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It may surprise the general public to know that 4 million cases are issued to bailiffs each year with a value of over £1billion.  That is enough revenue to pay the salaries of 30,000 newly qualified nurses and 20,000 new police recruits.   Is it right that this amount of money just remains uncollected?   Of course it is not, that is why bailiffs are needed.

Last year alone 2.97 million summonses were issued for non-payment of council tax of which 1.4 million were issued to bailiffs.  More than 90 per cent of the general public who are liable to pay council tax, pay it voluntarily, however, unfortunately they have to pay considerably more than they should to subsidise those that do not pay. Statistics show that between 2003 and 2010 there is more than £2.5 billion worth uncollected Council Tax.

Last year alone bailiffs collected over £650 million in respect of fines and taxes for central and local government. Money, which left un-recovered, would have to be subsidised by the general public who pay their bills. Despite these phenomenal amounts only 1 per cent of cases referred to bailiffs result in the removal of debtors goods.

If those that pay want to pay less, they need to support and encourage the use of bailiffs.

Rossendales: statement

Julie Green-Jones, chairman of Rossendales, said: “Rossendales welcomes the long awaited publication by the Ministry of Justice today of its consultation paper ‘Transforming bailiff action.’

“We hope that the consultation process signals the imminent introduction of new regulations under the Tribunals, Courts and Enforcement Act 2007. These are long overdue and necessary to address the antiquated processes that have been imposed upon our industry by centuries of case law and ad-hoc regulations from successive governments.”

National standards

On 13 January 2012, Jonathan Djanogly MP, Minister of Justice unveiled plans to update the National Standards to define acceptable behaviour for bailiffs. The updated standards can be viewed at www.justice.gov.uk

Mr Djanogly said:

Bailiffs are an important part of the justice system so the few unscrupulous bailiffs must be stopped from putting people in harm’s way or taking advantage of the vulnerable…Whilst I know the majority of bailiffs are responsible, too many are not…We are working with the bailiff industry, and other groups, to make sure that cannot happen anymore, but also that people can still collect their debts fairly.” 

The MoJ Press Notice went on to state that the voluntary code has been tightened so that people are protected from rogue bailiffs who use unsound, unsafe or unfair methods, while at the same time making sure businesses and authorities can still collect debts fairly.

What has changed?

The section entitled ‘Creditors’ Responsibilities’ has been moved from the end to the beginning of the document.  The only material change to that section has been the addition of a paragraph placing responsibility on the creditor to notify the enforcement agency if it believes that the debtor may pose a risk to the safety of the enforcement agent.

The section headed ‘Professionalism and conduct of the enforcement agent’ has been expanded to provide examples of what might be considered deceitful actions by an enforcement agent in misrepresenting him or herself to the debtor.  There are also two new paragraphs stating that the enforcement agent must not act in a threatening manner towards the debtor, neither must he act in a manner which may publicly embarrass them.

The section headed ‘Statutory or Financial Requirements for Enforcement Agencies’ is largely as before although references to the need for insurance requirements to be ‘revisited’ each year to the client’s satisfaction have been removed.

The sections entitled ‘Training and Certification’ and ‘Complaints/Discipline’ appear to be as before save for the re-ordering of some of the paragraphs.

The section headed ‘Information and Confidentiality’ is similar to its predecessor although the first paragraph has provided additional clarification regarding the need for clarity in documentation and the requirement to avoid the unnecessary and unhelpful use of legal and technical language.  There is also no longer a requirement for enforcement agencies, etc., to hold copies of the National Standards.

Under the section headed  ‘Times and Hours’  it no longer states that enforcement should not be undertaken on Bank Holidays.  References to Sundays, Good Friday and Christmas Day remain.

Under the heading ‘Goods’ clarification has been provided in the third paragraph as to what constitutes a ‘child’ for the purpose of identifying property which should not be removed (a person under the age of 16).

In the final heading ‘Vulnerable Situations’ there are only two relatively small amendments to the original wording: In the first paragraph the addition of the words “evidence of” before “potential cause for concern” places a greater responsibility on enforcement agents to consider whether such a situation might exist.  Secondly, the word “potentially” has been underlined in the last section to increase the emphasis in the context of potentially vulnerable persons.

Julie Green-Jones, Rossendales Chairman stated:

“The Civil Enforcement Association (CIVEA) and the High Court Enforcement Officers Association (HCEOA) were consulted by the Ministry of Justice during the revision of the standards.  Whilst not all of their recommendations were taken on board the Enforcement Profession fully support and endorse these revised guidelines.”   

The CAB Chief Executive, Gillian Guy, stated:

“These National Standards have been around for years.  Justice Minister, Jonathan Djanogly is right to renew efforts to bring bad practice among bailiffs to account.  But the new rules won’t offer any more protection unless there’s an independent regulator with the power to control bailiff conduct and ensure fairness for people with financial difficulties.  The Government must now keep the momentum going.”

Does Mr Silverio recognise the difference between revenue and profit?

I was incensed by recent comments made by Fern Silverio of the London Borough of Harrow in a recent article in Parking Review (issue 233).  My first thought was does Mr Silverio recognise the difference between revenue and profit?  The headline referred to ‘a profit share’ whilst his actual intention is a straight percentage of revenue, and anyone with a remote understanding of business would understand the fundamental difference.

The cut backs being made by Central and Local Government are well publicised and doubtless Mr Silverio sees this as an opportunity to support council funding.  Perhaps he forgets that the cuts the Public Sector are now feeling started in the Private Sector following the collapse of the Banking System in 2008.  Private companies are surviving due to strong fiscal management where costs have been controlled, redundancies made and salaries frozen or cut.  None of these painful processes have been avoided by demanding a share of supplier’s revenue.  This is the real world not some commercial fantasy where there are pots of gold to be shared; his suggestion would only create more financial pressure on the providers he uses.

If I were in Mr Silverio’s position I would focus my attention on how I might reduce his Authority’s £10million worth of debt pre bailiff action rather than demanding a revenue split. Rossendales partners many Local Authorities throughout the country that have succeeded year on year in reducing their debt whilst working closely with their bailiff providers to ensure that collections increase.

As someone running my own business I can confidently say that Mr Silverio’s suggestion is misguided, it has no commercial logic, it is immoral, contravenes the National Standards and certainly undermines the excellent work recently carried out by the MOJ.

Can Mr Silverio possess any appreciation of the actual cost of providing a good service in today’s market?  A service that is ultimately provided to the local authority for free.  Has he any idea how much revenue companies operating in the field of enforcement need to generate to operate sophisticated IT systems and mobile technology, to fund certification, accreditation and specialist training and to finance Bonds not to mention managing the inflated insurance and fuel costs we now face.  Oh and of course let’s not forget the ‘added value’ services that companies like mine are expected to provide in support of a contract.  Maybe, in fact, he is aware of all these things, otherwise he would no doubt be endorsing that Harrow operate its own in-house Bailiffs. Mr Silverio’s states that “he wants proper competition between professional bailiffs”, and that he would “rather have two bailiffs doing a proper job than a legion of bailiffs that only put minimum resources into a contract”.  Well I have news for Mr Silverio, he will struggle to get more than two bailiff firms to bid in the first place, and there certainly won’t be the legion he expects. When he finally does get his bailiff firms you can be sure that the ‘minimum resource’ that he is desperately trying to avoid is all they can afford to provide.

Such a ludicrous requirement puts undue pressure on any company and may encourage bad practice at a time when the standards of our profession are continually brought into question. I would be very interested to see how his Authority will monitor its bailiffs, how can he fairly review the fees generated when the more the bailiff charges the better off the Authority?  Top of the agenda at any review meeting must be ‘how much did you make me last quarter?’ In these already difficult trading conditions, whoever wins such a contract will be worried more about their cash flow than anything else.

The only way a bailiff firm can afford to fund an extra income stream for the Local Authority is by taking it from those members of its community that are already in extreme financial difficulty.  We are all aware of the old adage ‘those that pay, pay for those that don’t’, well in Harrow they pay for those that don’t and also provide additional funding for their Council!  How does encouraging their Bailiff provider to levy additional fees sit with the Council’s core priority of ‘supporting and protecting people who are most in need’?  I would be interested to hear the views of Harrow’s Chief Executive and its elected members, does he and they also support increasing fees to the most needy in society to subsidise the Council?

I appreciate that local authorities must seek ways to cut costs and increase revenues but doing so at the expense of the most vulnerable in their communities is untenable and to dress it up as a piece of good business is frankly disgraceful.

Rossendales is fortunate to work in partnership with clients that understand the values and benefits a good Bailiff brings to the Enforcement process and does not use them to build up their coffers at the expense of their own Tax Payers. I just hope that our clients and other Authorities treat Mr Silverio’s comments with the contempt they deserve and continue to work in a fair and equitable way with their bailiff providers.

Perhaps a FOI request to establish fees charged to Harrow’s debtors in relation to revenue collected would make for interesting reading……..

ITV Exposure programme highlights the need for regulation

ITV’s Exposure programme has uncovered some terrible practices that we weren’t privy to and brings again the issue of regulation of the enforcement industry to the top of the agenda.

Rossendales certainly doesn’t condone John Boast’s working practices.  We were very shocked and upset at the way he went about his business – it was just unbelievable that a man, who received glowing testimonies from clients and in many cases creditors, conducted himself the way he did.

Managing Director Mike Shang, the board and I have worked tirelessly to create a company that leads the way in the enforcement industry. We are continually looking at ways that we can improve our working practices and be more transparent.  This is something that we’ve placed great emphasis on since Rossendales began in 1972 and as a result the business has grown.

Unfortunately in any industry you are always going to get one individual who doesn’t subscribe to company protocols and policies. John Boast’s actions were inexcusable and this is why we felt it necessary to terminate his contract with immediate effect and carry out thorough internal investigations. It has cemented our determination to push the need for tighter regulations and legislation.

The programme itself is sensationalist and creatively edited but rather than get involved with a debate about the editorial integrity of the production team, we feel it is necessary to address some of the issues raised and continue to develop a reputation as an industry leader.

Our business has worked with the Ministry of Justice and industry partners to drag the enforcement sector into the 21st century . If we were a business that ignored guidelines we simply couldn’t be allowed to operate and carry out vital work for local authorities in recovering money that is in dire need for other worthwhile services.

We are not after the people that can’t pay. We want the people who won’t pay and want to avoid paying. If Rossendales can continue to deliver effective enforcement services, the people who pay on time will no longer have to pay for people that decide not to.

We hope that the general public can see we are a business that is seeking change and not a business that subscribes to alleged bullying tactics.

Join our Campaign for Change and help drive the industry forward.