BAILIFF SPECIAL FEATURE
There are no easy answers and no quick fi xes…’ These were the words used in the white paper titled Effective Enforcement, which was released in March 2003. It has taken nearly 10 years for the government to consult, review and respond to the industry on the newly proposed bailiff reform
that this time frame will increase the pressure on debtors to pay and force them into unrealistic payment plans. We must remember that while enforcement agents are used as a last resort in the attempts to collect outstanding debts, this does not mean we will create unnecessary hardship. Assessing fi nancial circumstances on an individual basis will allow for a more reasonable repayment plan to be agreed. The completion of
income and expenditure forms should be compulsory with evidence of the individual’s income being provided. The most important area of the reform has been with the bailiff fees. We believe the fee structure is clearer, grouping enforcement actions together in defi ned stages, with a charge for each stage. The structure focuses on early engagement and early resolution, which will address some concerns over aggressive bailiff
action. This new structure should see a signifi cant reduction in complaints. But what does this mean for the enforcement industry? The government has recognised the importance of enforcement agents, but the release of these recommendations is just the start. There is still some way to go in reassuring the public that aggressive bailiffs are being targeted. The enhanced certifi cation and training process being implemented prior to the parliamentary summer recess should ease these concerns.
The industry is certainly not one of the most appreciated and, in the past, misdemeanours by a few individuals have not helped in breaking the stereotype. The implementation of all parts of the Tribunals Courts and Enforcement Act is a clean slate for all. Transparency is the only way forward.
Jamie Waller, is the eponymous chief executive of debt collection and bailiff company, JBW. He has been a forthright advocate of bailiff reform. So now that we have a future, what can we look forward to?
1. A single set of fees and charges that will be reviewed and be subject to indexation This will enable more efforts to be spent on collections during the compliance stage. A greater investment in propensity scoring, debtor profi ling, trace and collections through technology will now lead the way. Gone will be the days of: ‘We have 200 bailiffs so you must use us,’ and in with the days of ‘We will collect from those that won’t, rather than those that can’t, and we will do this using minimum enforcement activity.’ In other words we will collect more, and earlier on in the process.
2. A move from voluntary guidelines to regulations This will help the public to clearly understand what a bailiff can and can’t do. A single set of rules that will increase the standards and consistent behaviour.
www.britishparking.co.uk
Firstly I should say that we are getting a look into the future and that at least a future now exists. Not getting a sensible response to the consultation could have potentially killed the enforcement industry over the next 10 years
3. An enhanced training and certifi cation process Training for all bailiffs will hopefully be carried out through an approved programme (yet to be confi rmed) and the current certifi cation process will be enhanced.
The new Act is a long way from a
perfect legislative enforcement process that will bring the UK to be a ‘world class’ model. However, what it will do is make enforcement more effective, reduce complaints, and allow private enforcement organisations to provide services that are focused on early collections, rather than collections through bailiffs. This is a win, win, win for creditors, bailiffs and debtors. Now all we need is an implementation date. Please let’s see this before April 2014.
APRIL 2013 39
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