Debt Collection Reform to Aid Vulnerable Consumers
Government to consult on regulation of enforcement sector as well as increase protections for those facing debt enforcement action and raise fees recoverable by bailiff firms
- Three-pronged package of measures to deliver a fairer system of debt enforcement
- Plans to improve independent regulation of the enforcement industry to boost oversight
- Number of doorstep visits by bailiffs to be reduced to limit unfair build-up of fees
New reforms to the enforcement sector will protect the financially vulnerable and give those facing debt greater opportunity to settle at the earliest and cheapest stage possible.
Setting out plans to overhaul to the way sector operates, the Government today (Monday 9 June) outlined it will:
- Consult on plans for greater regulation of bailiff firms, including oversight from an independent body accountable to Parliament.
- Encourage earlier and cheaper settlement of debt, reducing the number of “doorstep visits” and avoiding the accumulation of enforcement fees.
- Increase fees bailiff firms can collect for the first time since 2014 to ensure a sustainable sector while better supporting people in debt. The threshold which bailiff firms can charge an additional fee will also be raised to reduce the number of people in debt paying this additional fee.
Minister of State for Courts and Legal Services Minister Sackman, said:
Debt recovery must be fair to everyone. If you’re an organisation or individual who is owed money you should be able to get it back. And if you fall into debt you should be treated fairly and supported to get back on your feet.
That is why we are reforming the enforcement sector – to safeguard debtors and creditors alike whilst building a more sustainable system.
The consultation launched today also seeks views on the role an independent statutory regulator should play in enforcement. This includes how the regulator could work with other regulatory bodies, and how it would be held to account by the Government.
While most bailiff firms have already signed up to the Enforcement Conduct Board’s voluntary accreditation scheme, the government proposals would see all bailiff firms regulated to the same standards and overseen by the same independent body, ensuring greater protections for vulnerable people.
To reduce the number of doorstep visits and help prevent people from falling into more debt through accrued enforcement fees, reforms will increase the minimum notice period which must be given before enforcement officers can visit those in debt to 14 days (from seven) – and to 28 days if requested by a debt advisor.
This will give people more time to access debt advice, and/or set up a payment agreement.
To support a fair, viable, and effective enforcement system, the fees bailiff firms can collect from those facing action will be uplifted by 5%. This is the first fee increase since 2014 and reflects the impact of rising costs on bailiff firms. To protect the interests of financially vulnerable individual, it will be made clear that creditors should not share the profits made from the use of bailiff firms and the charging of fees.
Minister of State for Local Government and English Devolution, Jim McMahon OBE said:
These reforms will help make sure those facing the enforcement system are properly protected and supported in dealing with their debts – and we won’t just stop here.
We will shortly be consulting on improvements to council tax administration including the way council tax is collected and enforced, so people can have their say in delivering a fairer system to support both vulnerable households and local councils.
Background information
- The Enforcement Conduct Board (ECB) was established in 2022, tasked with providing voluntary, independent oversight of the sector to ensure fair treatment for every party facing enforcement action
- The Government is consulting on how to ensure that there is independent oversight of firms that employ enforcement agents and High Court Enforcement Officers to enforce debts using the Taking Control of Goods procedure in England and Wales. The consultation will run for six weeks. Responses will inform legislation to be brought forward as soon as parliamentary time allows
- As set out in the Chancellor of the Exchequer’s Regulation Action Plan, when regulation is designed well it can be an essential tool to promote growth and investment and protect the public. We will introduce independent statutory regulation of the sector in line with the objectives in the Action Plan, and our work across Government to cut the administrative costs of regulation by 25% by the end of parliament
- The threshold above which bailiff firms can charge an additional percentage fee will be raised by 24%. Currently, an additional one-off fee of 7.5% of any debt over a set threshold can be recovered by bailiff firms if the debt reaches the enforcement (visit) stage. The 24% rise to this threshold will rebalance these fees in line with inflation and reduce the number of people in debt paying the additional fee
- The reforms to the regulations about when fees can be recovered and uplifts to the fees and thresholds will be implemented when parliamentary time allows
https://www.gov.uk/government/news/fairer-system-for-debt-collection-to-boost-protections-for-financially-vulnerable