,Bailiffs will often ignore Vulnerabilities until they receive NOTIFICATION IN WRITING

Even when it is obvious that you are a Vulnerable person.

DO NOT SEND PROOF OF VULNERABILITY TO A BAILIFF OR PRIVATE COMPANY ONLY TO A 

COURT OR LOCAL AUTHORITY

Before dismissing using the Vulnerable Person Notice, it is worth bearing in mind that anyone who has an illness that has lasted longer than 12 months is considered Disabled under Section 6 of the Equalities Act 2010 Section 6.  You may have a condition which later develops into another condition related to the first. 

If taken together, the adverse effects of these 2 related conditions last for more than 12 months, you will be considered as having a disability under the Equality Act. 

Also if you have had an illness that you have suffered adverse effects from for over 12 months but have not recovered, you are still covered by the Equalities Act. For example, if you had a mental health condition in the past which lasted for over 12 months, but you have now recovered, you are still protected from discrimination because of that disability. 

 The majority of people being harassed by bailiffs are Vulnerable and they will only recognise this when they are notified in writing to their head office. This letter should be emailed and posted to the Bailiff Head Office and the Creditor. The Bailiffs have a duty to then hand the debt back to the creditor. This method is by far the best method of eliminating expensive bailiff fees to overdue accounts.

The Bailiff says it "means nothing" or "prove it"

Most times the Bailiff will object and say things like  "we don't think your vulnerable" or "show us evidence". This is because they still want to get PAID!  You don't have to prove anything, YOU ARE SIMPLY NOTIFYING THEM, do not expect them to hand the matter straight back after receiving a letter, you have to insist they abide by the rules.  They can be reported for misconduct and lose their licence if they "levy distress" on a Vulnerable person.  

Notify the Court, Creditor or Council who instructed them. The onus in on them to take the matter back from the bailiff and make an affordable payment arrangement.

If the Creditor initially says "deal with the bailiff",  simply refuse and insist on dealing directly with the creditor. 

There is no obligation for a Vulnerable person to deal with a bailiff.

The vulnerable letter is used day in day out to stop bailiffs in their tracks and is the most effective way of stopping bailiff visits. So do not be put off if a dishonest official tries to ignore the letter. Don't take No for an answer. Go above their head and make an official complaint.  The most serious complaint you can raise is an EAC2 complaint to the court, this is free and any bailiff or registered enforcement officer can be reported.

VULNERABLE PERSON NOTICE

Your Ref.

DATE

Dear 

RE : ____________________

VULNERABLE PERSON NOTICE

Evidence of Vulnerability will only be supplied to Courts or Local Authorities, not to private companies

I am writing to inform you that I am classed as vulnerable according to paragraph 77 of the Taking Control of Goods: National Standards 2014, I am classed a vulnerable for the following reasons:

[IN HERE YOU PUT FULL DETAILS OF WHY YOU ARE VULNERABLE WITH THE DETAILS OF ANY ILLNESS, MEDICATION, TREATMENT, CLINICS ETC]

Regulation 10(1) of the Taking Control of Goods Regulations 2013 states:

Circumstances in which the enforcement agent may not take control of goods

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.

Paragraphs 16 and 30 of the Taking Control of Goods: National Standards 2014 states:-

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

30. Where enforcement agents have identified vulnerable debtors or situations, they should alert the creditor and ensure they act in accordance with all relevant legislation. 

Paragraph 39 of the Taking Control of Goods: National Standards 2014 states Enforcement agencies must ensure that legislation restricting the enforcement activity to enforcement agents is complied with and the corresponding legislation is The Tribunals, Courts and Enforcement Act 2007, Schedule 12.

Paragraph 42 of the Taking Control of Goods: National Standards 2014 also states that:

Enforcement agents should be trained to recognise vulnerable debtors, to alert creditors where they have identified such debtors and when to withdraw from such a situation. 

Paragraphs 70 to 78 of the Taking Control of Goods: National Standards 2014 says enforcement agents must withdraw from the property:-

Taking Control of Goods: National Standards 2014:-

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. 

- the elderly; 

- people with a disability; 

- the seriously ill; 

- the recently bereaved; 

- single parent families; 

- pregnant women; 

- unemployed people; and, 

- 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. 

This letter serves to notify both Creditor and Enforcement Company that I am a vulnerable debtor and I am placing the creditor on notice in accordance with paragraph 30 of the Taking Control of Goods: National Standards 2014 and Paragraph 16 says the creditor/council SHOULD be prepared to take control of the case.

In view of the above please DO NOT PASS ME ON TO YOUR WELFARE DEPARTMENT as you have now been informed that I am a vulnerable and should return the debt to the Creditor.

Failure to return the debt, or an attempt to set up a repayment plan with the Enforcement Company will be seen as a delaying tactic not to deal with me as a vulnerable person but a tactic used to avoid the return of the debt to ensure payment of Enforcement Fees. This is futile as no fees will be collected from me. All your fees are Disputed.

I do not anticipate any change in circumstances in the foreseeable future and should be grateful if you would acknowledge this situation.

Any further enforcement action will be classed as harassment. 

This letter is being sent to both Creditor and Enforcement Company so that both are aware of my vulnerability and as a reminder that according to Paragraph 7 of the Taking Control of Goods: National Standards 2014 they are responsible for any enforcement agents acting on there behalf.

Please confirm that all enforcement action against me has now ceased and that my account is passed back to the Creditor in order that I may deal with them directly.

Your sincerely

[YOUR NAME]

Debt Buyers and Vulnerable People

The last thing a Zombie Debt Buyer wants is a bad press from picking on Vulnerable people, so contact them and let them know exactly how Vulnerable you are. In MANY instances they will simply CLOSE the accounts when they realise you are not in a position to pay.  

You can EMAIL them, PHONE or send them a LETTER

Bailiffs and Vulnerable People

Bailiffs may not recover fees from vulnerable people.

Bailiffs may not take control of goods when the vulnerable person is home alone.

Creditors must prepare to take cases back from bailiffs when they discover a debtor is vulnerable.

Definition of a vulnerable person:-

The Ministry of Justice publishes 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.

Section 1 of the The Disability Discrimination Act 1995 defines "disability" and "disabled person" 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.

Section 6 of the Equality Act 2010 defines "Disability" to be:

(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 may not recover enforcement stage fees from vulnerable people

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.

Bailiffs may not take control of goods of 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 should be prepared to take control of the case

Paragraph 16 of the Taking Control of Goods: National Standards 2014 (Published by the Ministry of Justice) 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.

Bailiffs and 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 and Eid

Local authorities and government agencies contractually require their enforcement contractors to have a moratorium between Christmas Eve and the day after New Years day.

Vehicles

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"

Some bailiff companies have a "welfare department".

It is a red herring designed to go behind rules requiring creditors to take control of cases involving vulnerable debtors.

Nothing in regulations or guidelines gives bailiff companies discretion as to whether or not a person is vulnerable. In any case, they are probably not medically qualified.

A 1997 Law Commission Report definition of a Vulnerable Adult is;

A person aged 18 or over, who is or may be in need of community care services by reason of mental or other disability, age or illness and who is, or may be unable to take care of him or herself or unable to protect him or herself against significant harm or exploitation.

If a person has mental health issues then a doctor or health care professional completes a MALG Evidence Form and send a copy to the council/creditor or the court.

Make a Formal Complaint to the council or creditor, copy in the bailiff company.

If you want to pay the debt minus the bailiffs fees direct to the council (or creditor) then using the following letter that sets out the legal position on vulnerable people, enclode payment, or a proposal to pay.

If your formal complaint is not resolved or their reply is not marked "Final Resolution" and/or fails to properly understand the nature of your complaint (whether by mistake or deliberate) or simply tries to exclude itself from following the complaints procedure, then you can start a fresh new formal complaint and ask the authority to pay you £120 for wasting your time. Treat this as a completely separate formal complaint.

If you don't get a final resolution statement then make a separate complaint for failure to comply with statutory complaints procedures

Taking legal action

If the bailiff is pestering a vulnerable person then a complaint about the bailiff for rebuking regulation 10(1) of the Taking Control of Goods Regulations 2013 can be made if the bailiff exploited a vulnerable person.

If the debt is a High Court writ, then using a form N244, apply to set aside the writ.

Attach a copy of the following documents:

1. The National Standards for Enforcement Agents

2. Your completed MALG Evidence form or evidence of out of work benefit.

A complaint can also be lodged against ANY debt collector, bailiff or enforcement officer using an EAC2 complaint procedure: 

Success stories: