Bailiffs and Vulnerable People
You may apply to stop enforcement and/or recover damages.
Definition of a vulnerable person
Enforcement regulations do not define a vulnerable debtor.
The Ministry of Justice published guidelines in the Taking Control of Goods: National Standards 2014.
Paragraphs 70 to 78 of the guidelines state;
Vulnerable situations
70. Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation. Therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern
71. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
72. Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 16 or is deemed to be vulnerable by the enforcement agent; they can ask when the debtor will be home - if appropriate.
73. Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
74. A debtor may be considered vulnerable if, for reasons of age, health or disability they are unable to safeguard their personal welfare or the personal welfare of other members of the household.
75. The enforcement agent must be sure that the debtor or the person to whom they are entering into a controlled goods agreement understands the agreement and the consequences if the agreement is not complied with.
76. Enforcement agents should be aware that vulnerability may not be immediately obvious.
77. Some groups who might be vulnerable are listed below. However, this list is not exhaustive. Care should be taken to assess each situation on a case by case basis.
i) the elderly;
ii) people with a disability;
iii) the seriously ill;
iv) the recently bereaved;
v) single parent families;
vi) pregnant women;
vii) unemployed people ; and,
viii) those who have obvious difficulty in understanding , speaking or reading English.
78. Wherever possible, enforcement agents should have arrangements in place for rapidly accessing interpretation services (including British Sign Language), when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
Legislation defines disability and disabled person.
Section 1 of the Disability Discrimination Act 1995, defines disability and disabled person.
a person has a disability if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.
Section 6 of the Equality Act 2010 defines "Disability" to be:.
a person has a disability if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.
(1)A person (P) has a disability if—
(a)P has a physical or mental impairment, and
(b)the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities
Bailiffs cannot recover enforcement stage fees.
Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 states;.
Recovery of fees from vulnerable debtors
12. Where the debtor is a vulnerable person, the fee or fees due for the enforcement stage (or, where regulation 6 applies, the first, or first and second, enforcement stages as appropriate) and any disbursements related to that stage (or stages) are not recoverable unless the enforcement agent has, before proceeding to remove goods which have been taken into control, given the debtor an adequate opportunity to get assistance and advice in relation to the exercise of the enforcement power.
Clarified in Progressive Property Ventures LLP v Mrozinski [2022] EWHC 1256 (QB) (24 May 2022). The court stated:
The Agent's fees and disbursements will, accordingly, be disallowed to the extent that is required under regulation 12.
Enforcement against lone vulnerable people.
Regulation 10(1) of the Taking Control of Goods Regulations 2013 states;
10.—(1) The enforcement agent may not take control of goods of the debtor where—
(a)the debtor is a child;
(b)a child or vulnerable person (whether more than one or a combination of both) is the only person present in the relevant or specified premises in which the goods are located; or
(c)the goods are also premises in which a child or vulnerable person (whether more than one or a combination of both) is the only person present.
Creditors prepare to take control of the case
Paragraph 16 of the Taking Control of Goods: National Standards 2014(1) of the Taking Control of Goods Regulations 2013 states;
Should a debtor be identified as vulnerable, creditors should be prepared to take control of the case, at any time, if necessary.
Paragraph 30 of the Taking Control of Goods: National Standards 2014 states;
Where enforcement agents have identified vulnerable debtors or situations, they should alert the creditor and ensure they act in accordance with all relevant legislation.
Vehicles
Paragraph 16 of the Vehicles and cars displaying a disabled persons are exempt from civil enforcement. Regulation 4(d) of the Taking Control of Goods Regulations 2013 states;
A vehicle on which a valid disabled person’s badge is displayed because it is used for, or in relation to which there are reasonable grounds for believing that it is used for, the carriage of a disabled person;
Welfare Departments
A bailiff company might say they have referred you to their Welfare Department.
The term - Welfare Department - is a red herring.
It is bailiff company terminology for postponing enforcement for 30 days.
Religious Observance
Paragraph 55 of the Taking Control of Goods: National Standards 2014 states;
Enforcement agents should be respectful of the religion and culture of others at all times. They should carefully consider the appropriateness of undertaking enforcement on any day of religious or cultural observance or during any major religious or cultural festival.
These include
Christmas
Easter
Ramadan
Eid
Local authorities and government agencies outsource enforcement to private companies under a contract called an Enforcement Services Agreement.
The Agreement requires a moratorium on enforcement activity starting from Christmas Eve until the day after New Years day.
Stopping the enforcement
Being a vulnerable debtor does not get you off the hook for the enforcement or the debt, but it does give you temporary respite from bailiffs.
You can ask the council or creditor to withdraw from enforcement.
If the bailiff has already clamped or towed your vehicle and you have evidence, you are a vulnerable person; the bailiff is not eligible to recover enforcement stage fees and disbursements.
It doesn't matter if the bailiff is charging you storage fees. They cannot be recovered from you.
You can apply for a detailed assessment hearing and ask for your vehicle to be returned. You can ask for damages together with your costs.