Repercussions

Ownership Realistic AttitudeCr

edito

r Be

havi

our

Enforcement Agent Behaviour

Appropriate Safeguarding MeasuresCommunication and Correspondence

Imm

edia

te R

espo

nse

Accountability

Post

201

4 – T

he R

ealit

y

Om

buds

man

Emily Beech 28/01/2016

Fees Processes

Callin

g Ho

urs

Decades of Bailiff Inaction…

Citizens Advice Bureau March 2013

• Lack of response since 1990 by all, despite recommendations and calls for change calls for change from various sectors

• Repeated calls for an independent regulatory board

• Independent review, 2000… ‘some bailiff powers are incompatible with the human rights act of 1998’

• 24 years later – we take one step, but many more are needed.

Post 2014 – the realityThe Bad:• continued abuse of power.• Widespread abuse of the systems• Setting the debtor up to fail• Lack of response from CIVEA and

Enforcement Companies in relation to inappropriate Enforcement Agent Conduct • Lack of awareness from other

services.• Lack of consistency

The Good:• We have taken a step in the

right direction!• Key individuals within the

service – dedicated to a change for the better• Evidence of good practice• MP’s taking an active interest• The beginning of accountability

and repercussions.

Fees Structur

e & Process

es

First Awareness – Enforcement Stage - £310

Lack of Compliance Letter

Inconsistency in practice

within companies

and between companies

Unfair Response Time – 28 days, 14

days

Multi - Chargin

g

Royal Mail ‘Signed For’

£1.64

Fee’s and ProcessesStandardisation of

policy for all companies

Abolish Multi-charging within organisations

Realistic responses

processes that allow debtors

time

What’s Wrong

Change

PaymentsAbolishment of a target driven culture - Immoral and unethical within such an industry• Call centre bonus for retrieving 10k plus in

a week• Enforcement Agents profiting from

retrieving the sum in full

Changes• Realistic expectations• Fair and responsible practice• Agreement to payment arrangements that

are reflective of circumstances• Swift return of appropriate cases to

creditors

‘This is 2015, Not the Dark Ages’

A Marston Enforcement Officer, Nov 2015

The industry has a responsibility to conduct

fair and responsible practices that do not drive

individuals further into debt

7 days a week, 9am -6pm• Immoral and not in accordance with CIVEA’s Code

of Conduct.• People should be able to live without fear of action

for at least one day a week• If we have rogue bailiffs – which we do (a

significant amount) we can not have them working when their offices are closed.

Mon Tues Wed Thurs Fri Sat SunMarston 9am-5pm 9am-5pm 9am-5pm 9am-5pm 9am-5pm Closed Closed

Equita 8am-8pm 8am-8pm 8am-8pm 8am-8pm 8am-8pm 8am – 4.30pm

10am-4pm

JBW 9am-5pm 9am-5pm 9am-5pm 9am-5pm 9am-5pm 9am-5pm 10am-4pmNewlyn 8am – 9pm 8am – 9pm 8am –

9pm8am – 9pm 8am – 9pm 8am – 4pm 11am-4pm

Phoenix 8am – 6pm 8am – 6pm 8am – 6pm

8am – 6pm 8am – 6pm 9am – 1pm Closed

Swift Mag 8am-8pm 8am-8pm 8am-8pm 8am-8pm 8am-8pm 8am – 4pm ClosedSwift Other 8.30-5pm 8.30-5pm 8.30-5pm 8.30-5pm 8.30-5pm Closed Closed

Welfare & Vulnerability• Stricter, standardised and appropriate practices for handling vulnerability• Enforcement Agents must withdraw upon notification and accounts

automatically put on hold pending assessment• Decisions on vulnerability universally removed from Enforcement Agents

due to a clear conflict of interest and ongoing ‘significant’ inappropriate and illegal action• Appropriate time to submit and assess cases in conjunction with strictly

monitored and adhered to notification of compliance/enforcement• Improved communication relating to assessment processes and

outcomes.• Accountability, repercussions and universal processes that are strictly

adhered to.

Creditors &Enforcement• Responsible for the actions or omissions of their agents• Creditors should be held accountable• Creditors should be provided with and respond appropriately to

information regarding the case.

• Recognition of good practice• Accountability and repercussions for bad practice

Enforcement

Raise Awareness• Public awareness of rights, debt

and legal advice available• Increasing knowledge base of

front line services• Increase knowledge base of

charitable and advisory organisations• Increase in services provided to

support enforcement related debt including ‘criminal’ issues

Next Steps…

• Public awareness – rights and support• Services: debt and legal advice services• Accountability & Repercussions• Communication• Strict universal processes• Independent ombudsman• Independent vulnerability assessment