A Debt Charity Advised Me To Negotiate Directly With The Bailiff
Official advice agencies often urge debtors to engage with bailiffs, even when it harms the debtor's position. Debt charities like Citizens Advice, StepChange, and National Debtline, being taxpayer-funded, must provide guidance aligned with their funding conditions.
As self-employed agents, bailiffs receive a flat fee of £90 for recovering debts marked "Paid in Full" (PIF). If a debtor wishes to pay in instalments, the bailiff must personally collect each payment, resulting in significant time and expense, which often pressures bailiffs to push debtors into desperate measures, including borrowing or theft, to pay the debt quickly.
The official advice that bailiffs may set up a Controlled Goods Agreement (CGA) is misconceived because, in reality, bailiffs rarely take this route due to the time and expense involved when some harsh language may have the desired effect.
The suggestion that bailiffs may set up a Controlled Goods Agreement (CGA) is misguided. In practice, bailiffs seldom choose this option due to the time and cost involved. More often, they rely on intimidation to achieve quicker results.
Advice agencies may not provide adequate support when debtors face non-compliant enforcement, as it falls under 'legal advice'. Their response may simply suggest contacting a solicitor, often offering a flyer listing local firms. However, in reality, most solicitors show little interest in such cases, especially when the financial return or the debtor’s means are limited. This lack of support highlights the need for alternative solutions.
In any case, official advice agencies and debt charities are more concerned about selling a debt management plan such as an IVA and earning a commission for referring the debtor to a commercial debt practitioner. Such practitioners are not motivated to determine whether the debt is disputed or the enforcement complies with the regulations.
Debt counsellors may suggest providing bailiffs with a financial statement, but this advice is misconceived. Bailiff companies typically hide behind proxy addresses like PO Boxes or virtual offices and may even operate under pseudonyms, such as "Marston Recovery" for Marston (Holdings) Limited. Sharing your financial data in these circumstances is risky, as you lose control over how the proxy company handles your sensitive information. This potential misuse of your data should make you more cautious about sharing financial information.
You are not protected in the event of a data breach, and the information could be used against you.
Having followed official advice without success, you now have three clear options to consider:
1. Determine whether you dispute the debt or part of it.
2. Assess if the enforcement complies with regulations.
3. Explore how to stop enforcement and overturn the debt liability.