Bailiffs and Vulnerable People

• Bailiffs may not recover enforcement stage fees and charges from vulnerable people.
• Bailiffs may not take control of goods when the vulnerable person is home alone.
• Bailiffs must withdraw from the homes of vulnerable people to let them get advice.
• Creditors must prepare to take cases back from bailiffs when they discover a debtor is vulnerable.

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:

70. Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected...

71. If necessary, the enforcement agent will advise the creditor if further action is appropriate...

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...

73. Enforcement agents must withdraw without making enquiries if the only persons present are children under 12.

74. A debtor may be considered vulnerable if they are unable to safeguard their personal welfare due to age, health or disability.

75. The enforcement agent must ensure the debtor understands any agreement entered into.

76. Enforcement agents should be aware that vulnerability may not be immediately obvious.

77. Some groups who might be vulnerable include:

• the elderly
• people with a disability
• the seriously ill
• the recently bereaved
• single parent families
• pregnant women
• unemployed people
• those who have difficulty understanding or speaking English

78. Enforcement agents should have access to interpretation services and provide large print or Braille on request.

Legislation defines "disability" and "disabled person"

See Section 1 of the Disability Discrimination Act 1995:

a person has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

See Section 6 of the Equality Act 2010:

(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

Under Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014:

Where the debtor is a vulnerable person, the fee or fees due for the enforcement stage... are not recoverable unless the enforcement agent has given the debtor an adequate opportunity to get assistance and advice in relation to the enforcement power.

Clarified in Progressive Property Ventures LLP v Mrozinski [2022] EWHC 1256 (QB):

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:

• The enforcement agent may not take control of goods where the debtor is a child
• A child or vulnerable person is the only person present at the premises
• The goods are also premises in which a child or vulnerable person is the only person present

Creditors prepare to take control of the case

Paragraph 16 of the Taking Control of Goods: National Standards 2014:

Should a debtor be identified as vulnerable, creditors should be prepared to take control of the case, at any time, if necessary.

Paragraph 30 adds that enforcement agents should alert creditors to vulnerable debtors and ensure they act in accordance with legislation.

Vehicles

Regulation 4(d) of the Taking Control of Goods Regulations 2013 exempts vehicles with a valid disabled person's badge.

Welfare Departments

Bailiff companies may refer you to their Welfare Department. This is generally a 30-day postponement tactic and not an actual welfare service.

Religious Observance

Paragraph 55 of the National Standards requires respect for religious and cultural observance.

Enforcement should be avoided during major religious or cultural events such as Christmas, Easter, Ramadan, and Eid.

Enforcement Services Agreements also require a moratorium from Christmas Eve until the day after New Year's Day.

Stopping the enforcement

Being a vulnerable debtor does not eliminate liability for the debt, but may entitle you to temporary protection from bailiffs.

You can ask the council or creditor to withdraw enforcement action.

If your vehicle was clamped or removed and you are a vulnerable person, enforcement fees cannot be recovered. Storage fees are also non-recoverable.

You can apply for a detailed assessment and seek the return of your vehicle, costs, and damages.