Bailiffs and Vulnerable People

Enforcement Agents (bailiffs) cannot recover Enforcement fees and charges, such as towing and storage fees, if they remove goods from a vulnerable debtor without allowing sufficient time for seeking advice regarding the enforcement process.

In certain instances, it is possible to apply to the court for the return of the goods or vehicle that have been removed.

Enforcement regulations do not stipulate the automatic return of controlled goods. However, provisions outlined in section 3(2) of the Torts (Interference with Goods) Act 1977 do address this matter.

Here is a template email and text message to notify the creditor, bailiff company, and bailiff about the debtor's vulnerability and encourage them to halt enforcement actions:

If the vulnerable person is dealing with mental health issues, ensure to fill out the MALG evidence form and forward it to the creditor along with the aforementioned email. Otherwise, always provide supporting documentation demonstrating your status as a vulnerable person.

In 2014, the government delineated classifications of vulnerable persons in the Taking Control of Goods: National Standards (2014 TCGNS)

If you are classified as vulnerable or recognised by the police as a victim of domestic violence and feel intimidated by a bailiff, dial 999 to report any disturbance to the police. Ensure to keep the door securely locked until the bailiff has departed the premises.

Record all occurrences using your phone's video function from behind the securely locked door.

Official Guidelines setting out the classes of vulnerable people:

Paragraph 77 of the 2014 TCGNS states:

i) the elderly;

ii) people with a disability;

iii) the seriously ill;

v) single parent families;

vi) pregnant women;

vii) unemployed people; and,

viii) those who have obvious difficulty in understanding, speaking or reading English.

Regarding item (ii) mentioned earlier, the terms "disability" and "disabled person" are elucidated in section 1(1) and (2) of the Disability Discrimination Act 1995 as follows:

(1) Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act and Part III of the 2005 Order 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.

(2)In this Act and Part III of the 2005 Order "disabled person" means a person who has a disability.

The term: disability is also defined in section 6(1) of the Equality Act 2010 which states:

(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.

In 1997, the Law Commission released a report providing a definition of a vulnerable adult, as follows:

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.

Bailiffs are required to withdraw from the residences of lone vulnerable individuals.

The Law:

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.

Official Guidelines:

Paragraphs 72 and 73 of the 2014 TCGNS state:

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.

Bailiffs may not recover the £235 ENFORCEMENT STAGE fee

The Law:

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.

Progressive Property Ventures LLP v Mrozinski [2022] EWHC 1256 (QB) (24 May 2022)

This case elucidated that Enforcement Stage charges cannot be gathered from vulnerable debtors until the enforcement agent complies with Regulation 12.

The court stated:

The Agent's fees and disbursements will, accordingly, be disallowed to the extent that is required under regulation 12.

Creditors should be prepared to take control of the case of vulnerable debtors

Paragraph 16 of the 2014 TCGNS state:

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

The 2014 TCGNS further 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 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.

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.

"Welfare Departments"

Some enforcement agencies assert the presence of a "welfare department," which may provide a sense of reassurance to debtors. Nonetheless, such assertions can be misleading, as their main purpose is typically to postpone enforcement for 30 days. It's crucial to recognise that enforcement agencies do not possess medical expertise or access to social services to evaluate vulnerability.

Zacchaeus 2000 Trust

If you live in the London area, Z2K is a charitable organization situated in London, offering aid to vulnerable households grappling with poverty resulting from legal, legislative, and benefits system injustices. They may extend assistance by advocating with the council or creditor on your behalf.

z2k.org

Non-compliance with these regulations

If council or court service staff do not comply with these regulations or guidelines, you can contact the Local Government Ombudsman and request their assistance.

If the creditor is a local council, you have the option to seek intervention from your local councillor.