Long read: calls for reform of 13th-century law on debt collection and 'rogue bailiffs'

It remains the oldest piece of legislation still on the statute book to this day. In the centuries since, there have been minimal changes to how debt collection is enforced through bailiffs.

That’s why York Outer MP Luke Charters says that plans to regulate bailiffs that he is proposing with advice charity StepChange would be “be the biggest reform to debt collection in 750 years”.

“That is what we’re talking about,” he told The Yorkshire Post at StepChange’s Leeds headquarters.

“This has been a problem throughout the ages and it has been something society has always grappled with.”

Back in the 13th century, lords would get a writ from the court and then send round heavies to collect unpaid debts.

In 2026, if someone misses a council tax payment then local authorities can try and claim an entire year’s value immediately.

If the person is unable to pay this, they use their own heavies and “very quickly move to using bailiffs as a form of that enforcement”, according to StepChange chief executive Vikki Brownridge.

“It’s typically local authorities that use bailiffs more than credit companies,” she explained.

“Imprisonment is still listed as a potential enforcement action. Although that happens extremely rarely, it is used as a threat.”

Despite the debt collection law stretching back to the 1200s, there has never been any statutory regulation of bailiffs.

Some 94 per cent of enforcement agencies sign up to the Enforcement Conduct Board (ECB), however this still means that there are tens of thousands of knocks on people’s door each year from so-called “rogue bailiffs”.

And the consequences of this can be far-reaching. Ms Brownridge said nine in 10 of StepChange’s clients, who have had bailiffs knock on their door, have mental or physical health problems.

“The knock on effect is if they’ve received that level of treatment over one debt, like council tax, they bury their head in the sand and don’t deal with the rest of their problems,” she explained.

“It can prolong them getting help, it can prolong them getting a resolution with their broader problems.

“The first place someone goes to reach out impacts on everything else. If you have a bailiff knocking on your door then you think that is going to happen with every other debt.

StepChange says bailiffs often don’t help debt getting paid. While many banks look to set up repayment plans in these situations, heavy-handed enforcement action over council tax arrears can cause people to spiral out of control.

“These are not people who won’t pay, these are people who can’t pay,” Ms Brownridge said.

“So you can send all of the bailiffs around in the world, but if they don’t have the money, then they don’t have the money.”

StepChange’s Yorkshire clients have spoken of the impact of bailiffs threatening them with imprisonment.

One middle-aged woman said: “It made me very anxious and scared that this could be done.

“I was worried for my children and they both suffered from anxiety and got upset when anybody came to the door.”

Another said: “They would not consider a payment plan they just wanted to bully and intimidate.

“They also came once and spoke to one of my children and asked them to let them in. It frightened them.”

Mr Charters said: “I’ve met StepChange clients, one of them I know struggles to live alone.

“The other one didn’t mention trauma, but I felt anxiety whenever there was a buzz on the flat door, be it a delivery or a friend.

“A financial crisis often precipitates a mental health crisis at the same time. It’s very challenging for these people to deal with.”

That’s why the York Outer MP sees this as a moral mission for the Labour government to deal with.

“I have had family and friends break down, create lots of anxieties and break down because of a bailiff visit,” he explained

“I found there is a political appetite here, we’ve seen the start of that.

“There is a lot of optimism that we could get the legislation we need.”

Ms Brownridge and Mr Charters are hopeful that the law will be changed in 2026 to put the ECB on a statutory footing.

Courts Minister Sarah Sackman said: “We will set out more details about better regulation of bailiffs soon, which forms part of our wider work to build a more sustainable enforcement sector for everyone.”

StepChange says this is needed more than ever, with the cost of living crisis pushing more and more people into debt.

“Now just under a quarter of people coming to us is purely to do with keeping up with the cost of living,” Ms Brownridge explained.

“There are a lot more coming to us in arrears on their priority bills, such as council tax or energy.

“It has the potential to impact a lot more people in society, than it has historically.”

A lot of people can be pushed into debt over Christmas, with StepChange’s busiest part of the year being the first couple of months.

“If you’re worried about a potential knock on your door by a bailiff, then reach out to StepChange or other debt advice organisations for help,” Ms Brownridge said.

The charity said around 100,000 people have already visited its website this year, with 5 January its busiest day for more than 12 months.

“We know about the January issue, we know what working class families do for their children at Christmas,” Mr Charters added.

“All parents want to see is the smiles on their kids’ faces on Christmas Day.”

Contact StepChange on 0800 138 1111. Monday to Friday 8am to 8pm and Saturday 9am to 2pm.