“PLEASE CALL US,” the text from a debt collection agency demanded in capital letters, “your payment is due”. When the message flashed up on Olawale Ilori’s phone, he “felt scared”. The message had been sent because he’d found a lawyer using legal aid. Despite the fact the lawyer hadn’t even been to court with him by that point, requests for contributions he had no way of paying had already been passed from the government agency responsible to an external debt collector.

Six days later — still a week before he had even used a lawyer in court — he got a follow-up message: “We’re concerned your payment has still not been received. Please call the team immediately.”

Ilori was due to be sentenced in crown court for theft from an employer and was scared he was about to go to prison. The Legal Aid Agency, a branch of the Ministry of Justice, said he had to pay more than £470 a month towards the cost of a lawyer, despite him earning little, being in rent arrears, and having nothing in his bank account.

His lawyer had appealed the sums on the grounds of hardship, but as the court date loomed, Ilori also had to deal with the stress of texts chasing legal aid payments.

The MoJ has outsourced the collection of all legal aid contributions to Rossendales, best known as one of the biggest bailiff companies in the country. While initially it is simply collecting the money and not chasing debts or sending bailiffs around, the effect of receiving messages from a company known for its bailiff work is chilling.

“I felt scared and threatened,” Ilori told BuzzFeed News. “Bailiffs intimidate people and it’s something the government needs to sort out. It’s a stressful time as well. It’s a scary feeling because it’s a large amount to pay. So when you receive these texts, you just feel threatened that they’re going to come to your property.”

When his lawyer finally heard back from the LAA, they concluded the sum had been calculated in error and in fact he owed nothing at all.

According to the Law Society, Ilori’s experience is not unusual. Yet the Ministry of Justice’s reliance on bailiffs comes at the same time as it is undergoing a consultation on how to protect the public from their unsavoury tactics.

Announcing “a crackdown on rogue bailiffs” last year, the government issued a call for evidence on bailiff behaviour with a view to tightening the regulatory framework that governs debt collection agencies. Justice minister Lucy Frazer said: “There is absolutely no excuse for aggressive tactics and such behaviour will not be tolerated. We will not hesitate to take action, so we’re asking the public to share their experiences to help rid our society of rogue bailiffs for good.”

An investigation by BuzzFeed News on the MoJ’s use of bailiff companies has revealed:

The average amount of debt being chased by bailiffs for the Legal Aid Agency has almost doubled since 2012 (from £2,540 to £5,242), data released to BuzzFeed News under freedom of information (FOI) shows.

Experts believe this rising figure is likely a result of the means test not being updated in nearly a decade, as more people are chased for higher contributions.

Research suggests bailiffs are often chasing debts that are impossible to pay because the rates are determined on a 2010-level cost of living, meaning many people in poverty are being sent unrealistic legal bills.

The number of people subjected to debt collection has fluctuated in line with the number of cases in court, but last year more than 8,000 people were pursued by bailiffs acting for the Legal Aid Agency, chasing a record £44 million, figures released to BuzzFeed News under FOI show.

While bailiffs and other enforcement action are not used unless someone fails to pay, Rossendales, which collects all crown court legal aid payments, has been accused of aggressively pursuing the money, in some cases sending repeated letters and text messages before the defendant has even appeared in court.

BuzzFeed News has uncovered cases where Rossendales was commissioned to collect amounts owed based on MoJ calculations that were later found to be incorrect. As incorrect calculations are not included in the MoJ’s figures, for those subject to debt collection, the true scale of bailiff use may be much greater. Lawyers say it’s common for the MoJ to miscalculate the amounts due.

Under its contract with the MoJ, Rossendales is sent details of money owed the day after the LAA sends notification to clients. The company must then send out letters to inform defendants of the amount owed within 24 hours of being notified by the LAA. Defendants then have 28 days to pay the first installment. Ilori’s solicitor, Helen Snell, said that as well as LAA errors, the other reason the amounts calculated as owed are so often wrong is because the paperwork is fearsomely complicated. Lawyers have told the Law Society that many people who are self-employed, for example, struggle to prove they cannot afford a lawyer.



Snell believes the problems are endemic. “They do miscalculate, and I think they miscalculate quite a lot because it’s quite difficult to apply for legal aid just in terms of filling out the form. The costs are ridiculous and the [MoJ’s] relationship with the bailiffs, I think, is appalling.”