Proceeding contribution from Nick Ainger (Labour) in the House of Commons on Monday, 5 March 2007. It occurred during Debate on bill on Tribunals, Courts and Enforcement Bill [HL].
Tribunals, Courts and Enforcement Bill [Lords]
Yes, I appreciate that, and although it is important that we have a record of the judgments—this is where the information is so important—those who find themselves in such a position do not necessarily contact the court or deal directly with the bailiffs. They deal with their creditor, whoever it may be, to establish whether that creditor has received the payment that they have made, and so on. That is the process. The hon. Gentleman also referred to cases in which a payment is made on the Friday before a bank holiday. It is often difficult to establish whether a payment has been made, but the people who are seeking the judgment and putting in the bailiffs should be contacted initially to establish that. The hon. Member for Old Bexley and Sidcup (Derek Conway), who is no longer in his place, spoke about the concerns that bailiffs have put to him that the proposals would be likely to lead to the seizure of goods at an earlier stage, rather than allowing time for the debtor to make payment. The Bill contains a swift and simple method to apply for a warrant that allows the bailiffs to force re-entry once they have identified goods for seizure, so it is far more likely that that time will be used by debtors, if they have the resources, to pay their debts or to make a contribution to paying them. The hon. Member for Newbury (Mr. Benyon) asked why exempt goods should not be listed in the Bill. Such details will be contained in regulations to make the law more flexible should there be a need to review it in the future. Details of what is exempt should not be set in stone. Reference has been made to the mobile phone and the iPod, for example. Clearly, things move on and it would be far better if that is done by regulation. However, let me make it clear—this is another issue that has been raised—that it is intended that exempt goods will include tools, books, vehicles and other items of equipment that are necessary to the debtor for use personally by him in his employment, business or vocation and such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying his basic domestic needs and those of his family.
Secondary information
- Type
- Proceeding contribution
- Reference
- 457 c1359-60
- Session
- 2006-07
- Chamber / Committee
- House of Commons chamber
- Subjects
- Consumers Administration of justice Bankruptcy Cultural heritage Credit Debt collection Fees and charges Enforcement Legal aid scheme Eligibility Judiciary Exemptions Harassment Powers of entry Public appointments Museums and galleries Property Proof of identity Tribunals Training Regulation Sequestration of assets Security Industry Authority
- Legislation
- Tribunals, Courts and Enforcement Bill (HL) 2006-07
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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