The Analysis Comment
A sharp edge
The message is clear: “Do not give in to despair; we are not all at war”
Anthony Sharp Proprietor, Anthony Sharp Associates
asa.associates@
virgin.net
Those of you who have an interest in enforcement matters could easily believe, from the various press releases and reports that have been circulated within the industry recently, that there is a large gulf between the world of enforcement, creditors, and debt advice. Enforcement agents (formerly bailiffs)
appear to be coming in for more and more negative press coverage and, to the untrained eye, battle seems to be in full flow. Actually the truth of the situation is very different. Nobody denies, as in any walk of life, there
are some less than professional enforcement agents as there are some less than professional debt advisers and creditors, but by far the majority of enforcement agents, debt advisers, and creditors are very professional in the difficult job that each of them has to do.
Same objective What is not so clear perhaps is that the debt- advice sector who are running a campaign for ‘bailiff reforms’ are fighting for precisely what the enforcement world is seeking – an Independent Regulator for the sector. Both sides share the same objective but use
different methods to achieve this aim! The Enforcement Law Review Group, of
which I happen to be vice chair, under the chairship of Lord Lucas of Crudwell and Dingwall, is a non-policy-making discussion forum that has been in existence for over 20 years. It comprises representatives of trade bodies and organisations from
the enforcement, debt advice, and creditor sector, personal experts in enforcement and representatives of the Ministry of Justice.
May 2019
This forum agrees that the ultimate aim should be an Independent Regulator.
Inquiry The Justice Select Committee have recently held an inquiry into concerns about enforcement agents and their findings support the idea that an Independent Regulator should be introduced to oversee the bailiff industry. Government is also waiting for the
results of the Ministry of Justice’s call for evidence into the behaviour of enforcement agents following on from the 2014 Bailiff Reforms. Whether government will ultimately do
What is not so clear perhaps is that the debt- advice sector who are running a campaign for ‘bailiff
fighting for precisely what the enforcement world is seeking – an Independent Regulator for the sector
reforms’
anything about this is unknown, but it is important to remember that enforcement is a very specialised world, to be regulated carefully and sensibly. The Select Committee also recommends a
are
separate body to handle complaints – ideally an ombudsman. There is already the Local Government &
Social Care Ombudsman that does sterling work and which may be the body to undertake this additional work.
Need for liaison What I believe is important is to realise that behind the scenes a considerable and
worthwhile amount of liaison exists between all sides and this fortunately will continue to ensure that, whatever the end result, there will be no war, but a co-ordinated approach to ensure a fair and professional enforcement service operates to collect public debts according to the law, and beyond to ensure each individual debtor is treated fairly. CCR
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