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OPINION PIECE BAILIFF REFORM


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Colin Naylor cannot remember a time when the bailiff industry was under greater pressure and, as he explains here, he doesn’t see times getting easier in the near future


he core of the enforcement sector – the small- to medium-sized businesses – is under pressure as never before. Setting aside the contrived and no doubt creatively edited ‘insider’ television programmes, we continually struggle to convince the public that our services are necessary and ethical.


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In future, we hope that local authorities will join with us in calling for more open and transparent tender processes, more clarity on fees and more pressure on the government to move matters forward.


All businesses are operating in an economic environment where return on investment is the abiding issue, but among the bailiffs that has been accompanied by a series of exposés and negative reporting. High professional standards and


that a high proportion of the complaints that surface about bailiff activities are a deliberate or vexatious smokescreen raised by the debtor who has no intention of paying. What does the future hold for smaller operators? Bailiffs, like most supplier communities, are seeing a contraction in the number of companies, with a tendency for markets under price pressure to favour high- volume, low-margin commodity suppliers. This could lead to a reduction in service


competitive pricing are, of course, not mutually exclusive but there has been an alarming trend in recent times, particularly for local authorities, to look for ‘no-cost’ solutions, which nevertheless remain within the guidelines of what may be charged to debtors.


I am looking forward to the day when an MP or a television programme will come out and champion the cause of those owed money and those who have the responsibility of recovering the debt


quality, with commission-only staff less concerned about the reputation of their company. No amount of regulation will change the approach of someone whose only interest is commission. We are all fighting for a portion of work that is growing but becoming more difficult to collect. In competing for the same work, our industry can be accused of cutting its own throat by offering services for next to nothing. Councils believe we can afford to do the work for less


ABOUT the AUTHOR: Colin Naylor is managing director of Dukes Bailiffs and co-chairman of CIVEA, the independent association that represents bailiffs


22 JUNE 2012


Preaching to the converted I welcome the publication of the updated national standards, and the proposed move towards a realistic fees structure. The industry has not been active enough in defending its reputation. I am looking forward to the day when an MP or a television programme will come out and champion the cause of those owed money and those who have the responsibility of recovering the debt. The national standards use words such as ‘discretion’ and ‘duty of care’. Bailiffs, through experience and training, can soon recognise where and when to encourage payment without undue distress to debtors. They also know


but it defies common sense to believe that professional services can be provided free. Demands include asking for retrospective rebates, free tracing, collection of multiple debts for one fee, free back room service, free correspondence and free void inspections. There is always a company who will do it for less but best value does not always equate to cheapest available.


My hope is that a new framework will put four cornerstones in place: ■ Media recognition that debt recovery is a legitimate and necessary activity;


■ A universally agreed and implemented set of regulations;


■ A fully transparent fee structure; and ■ Acceptance in the public sector that professional services cannot be provided free of charge.


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