Credit Management magazine May2017

CONSUMER CREDIT
continued from page 33
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Last year, Lord Justice
Briggs conducted a
review into the structure
of the civil courts. While
acknowledging that
legislation would be
needed, he recommended
unifying the currently
fragmented system of
enforcement. It could
significantly cut costs and
is something the MoJ is
said to be looking at.
The minimum notice period is seven days
but in the private sector 14-30 days’ notice is
commonly given. There is also wide variation
across local authorities and CIVEA says in
some areas of the country 40-60 percent of
cases are resolved over the phone.
Responding to the report, Cllr Claire Kober,
chair of the Local Government Association’s
Resources Board, said councils have a
responsibility to collect taxes so they can pay
for public services.
“We agree that bailiffs should only ever
be used as a last resort. Before the situation
reaches a stage where bailiffs are involved
several letters should have been written,
people should have been encouraged to apply
for financial support, and efforts should be
made to arrange new payment plans or to
attach the debt to a salary.”
INDEPENDENT REGULATOR
One of the key recommendations made in the
advice sector’s report is for an independent
regulator. Advice agencies believe many of
the reforms introduced in 2014 are being
contravened in practice. For example: visiting
outside the ‘reasonable hours’ of 6:00am-
9:00am, continuing action despite the
agreement of a repayment plan and entering
the property when only children are present.
Phillips says the sector would welcome an
independent regulator but that the stumbling
block for many years has been cost. “In
principle there is no objection whatsoever but
if you want the industry to pay then the money
has to come from somewhere.”
Perhaps the answer lies in more radical
change. Last year, Lord Justice Briggs
conducted a review into the structure
of the civil courts. While acknowledging
that legislation would be needed, he
recommended unifying the currently
fragmented system of enforcement. It could
significantly cut costs and is something the
MoJ is said to be looking at.
Blackwood is clear that this may not be
sufficient. “Whether or not there is a case
for the proposals put forward in the Briggs
Review is something that would need to
be looked at in more detail. But any major
changes to the enforcement industry would
have to be on the pre-condition that the bailiff
industry is brought under control,” she says.
“What this report shows is that there is a
systemic problem with the bailiff industry. This
is not simply a case of a few bad apples and
not simply a case that a few firms need to be
brought under control.”
34 May 2017 www.cicm.com
The recognised standard