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Edited




From The Sunday Times
December 21, 2008
Bailiffs get power to use force on debtors
Jon Ungoed-Thomas

The government has been accused of trampling on individual liberties by proposing wide-ranging new powers for bailiffs to break into homes and to use “reasonable force” against householders who try to protect their valuables.

Under the regulations, bailiffs for private firms would for the first time be given permission to restrain or pin down householders. They would also be able to force their way into homes to seize property to pay off debts, such as unpaid credit card bills and loans.

The government, which wants to crack down on people who evade debts, says the new powers would be overseen by a robust industry watchdog. However, the laws are being criticised as the latest erosion of the rights of the householder in his own home.

“These laws strip away tried and tested protections that make a person’s home his castle, and which have stood for centuries,” said Paul Nicolson, chairman of the Zacchaeus 2000 Trust, a London-based welfare charity. “They could clearly lead to violent confrontations and undermine fundamental liberties.”
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Bailiffs have for hundreds of years been denied powers to break into homes for civil debt or to use force against debtors, except in self-defence. In a famous declaration, William Pitt the Elder, the 18th-century prime minister, said: “The poorest man may in his cottage bid defiance to all the forces of the crown.” Ministers have now proposed bailiffs be given powers to physically remove debtors who try to defend their property, for example by draping themselves over a car or blocking the door of their home. Lord Bach, a junior justice minister, has assured the House of Lords that any new powers will be implemented only after a consultation and will not be used to search debtors’ pockets or to remove jewellery.

It emerged last week that Her Majesty’s Courts Service has already handed out guidance to privately employed bailiffs, pointing out that under legislation passed in 2004 they can already break down doors as a last resort to collect court fines.

Some restraint should be exercised, according to the “search and entry powers” guidelines. “If a person locks himself in their home, it might be reasonable to break open the door, but probably not to smash a hole in the wall,” it advises.

Details of the new guidelines were obtained under freedom of information laws. They say homes should not be broken into when nobody is in. Reasonable grounds for breaking down the door include the “movement of a curtain”, a radio being heard or a figure being spotted inside which “may be the offender”.

It is claimed these powers are already abused. In one case, an 89-year-old grandmother returned home to find a bailiff sitting in her chair having drawn up a list of her possessions. He was pursuing a parking fine owed by her son, who did not even live at the address.

Money Central: 10 tips to avoid reposession

* Have your say

And you in Britain wonder why we Americans are so insistent on maintaining our individual right to bear arms.

There would be a second revolution arising overnight if this was tried in the U.S..

Regardless of debt,, homes and private property are sacrosanct.

Scott, Durahm, NC, USA

Come back John Lilburne all is forgotten

Paul Sharp, Louth, UK

I wrote to my Labour MP Liz Blackman regarding this issue. To my horror she seems to be in support of the bill which went through parliament in 2007.

We all know that government watchdogs don't work and to expect them to regulate civil bailiffs is simply unrealistic.

A very sad day.

Richard, Notts, UK

This is shocking. It seems that those criticising socialism as authoritarian in nature were right .

Where are the parliamentarians of stature standing up for us against this outrage!

The government is simply granting a power that does not belong to it to give, we must stand firm and say NO!

jon underwood, edinburgh, uk

How disgusting. The restrictions on the activities of bailiffs developed over time for very good reason. As results paid strong arm men, there was, and is, too great a risk of them abusing their powers. Yet another ill thought out Government attack on the rights of the subject

Max, London,

In the days of the British Raj in India the Mahatma once said "Never so few have been ruled by so many". This is also true of our modern World and the British People are now feeling the wrath of Government mis-rule. Unfortunately Governments' Draconian rule will worsen.

vit King, surrey, uk

How many MP's read this column. Suggest that the Times takes this to loby all MP's as its an infringment of civil liberties, next thing we know the government will re-introduce Debtors jail's and imprission anyone who has defaulted. Lets all loby our local MP's before its too late

Mark , Southend-on-Sea, England

Will the last person to leave the country please switch off the lights.

Philip, Paisley,

What's next? People put in stocks in the public square? Debtor's prison?
Next time the British government blathers on about Human Rights, remind them they believe a home invasion is a reasonable response to an unpaid debt.

Lawrence, Los Angeles, California, USA!

Urgh, I can't believe this is going to happen.
If the government want to catch the people who evade debts then I think we all need to see if the radios are turned on or curtains are moving, in our banks.

jabed, wigan,

I am so lost for words! This government has championed spending spending spending, resulting in a stretched economy and banks overborrowing money to those who cannot afford it, and then they don't punish those who are to blame but the taxpayers who are bailing them out! Its all at our expense!!!

Sunny, Newton-Le-Willows, England

This is absolutely outrqageous. I can see charges of 'common assault' multiplying in the coming year. This is all going out of control, just like the economy.

B.Garvie, Reading, England

There is a line you don't cross, and this is where that line is.

dave hall, Stafford, UK

Is this the same government that continually condems the BNP??

John, Saltburn, UK

It's bad enough having baliffs turn up at your door looking for previous residents, is the first I'm going to know about it now going to be as I see my front door smashed open. We went to war to bring democracy, perhaps we need to bring back the troops to protect us.

Gus, York, UK

I will fight to the death if my daughter, wife or grandmother is pinned down by a thug, in my home, for them forgetting a credit card payment. As O'Brian said, in Orwell's 1984, the Proles are the answer, so wake up people, stand up for your rights. Break free from Britain's Three Party Dictatorship

Philip, London,

It takes me 30 seconds to pull down my bow from the corridor mount, string it and notch the first arrow. They want to get all medieval on me and invade my castle then they'll find me on the ramparts covering the drawbridge proving it's not all one way.

Tim, York, England

If they can't even control the people to whom they have outsourced car clamping, how the hell do they think they are going to control the thugs bailiffs employ?

Geoffrey Morton-Haworth, London,

So sorry to hear you have no weapons anymore. This will come to America soon

Bill, Bay Minette, USA

Whatever you think of the conservatives for god sake vote for them. This could happen to any one of us, a mistaken address, a previous owner in debt , a malicious person, we are all at risk from this legislation as a result of this incompetent government..

mark, maidstone, kent

Socialist Britain seems to be getting closer every day!

Andre, New York, USA

If you do anything in your life time then vote these idiots out!
I cant think of one thing that has improved since they took over, this country is becoming more like a dictatorship everyday. Its scary to think that not only did someone in Government suggest this idea, the rest of them agreed

Stuart, Birmingham,

This is the most disgusting thing any government could do at a time like this. I will never vote labour again, local or national. I hope this brings down Brown and his crop of middle class MP's. To bail out the banks who caused the misery and allow bailiffs to burgle the poor is beyond belief.

Bill Telford, Middlesbrough,

The Consumer Credit Act covers responsible lending. £5000 credit cards, £10000 loan to somone on £4000 pa, £1500 overdraft, £700 loan to somone on income support, £7000 loan, £1200 overdraft, £12000 credit card limit to an 18 year old on £10000 pa. All real examples. Not very responsible to me.

Mark Hampson, Manchester, Great Britain

If this doesn't prove a 'step too far'....I do not know what it would take to wake up the British people.

andrew, London, UK

Times!!! Make a front to this oppression!!!

Gary, high wycombe, uk

They could announce the Watchdog on saturday night, just before 'Strictly' -

"...the winner is.... the minature poodle in earmuffs"

dave hall, Stafford, UK

Id love to see them trying to get into my house, they would have a war on their hands, in fact they would get very seriously hurt!

James, St Davids,

"Why are the Americans posting comments? "
"This needs to stop now, someone suggest an action plan! "

Americans dealt with this problem in 1775 and 1776. Then we put a provision in our constitution that says: " . . the right of the people to keep and bear arms shall not be abridged."
 

 
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