Bailiff action is damaging your health

If enforcement action is having a severe impact on your mental health, then you can ask your doctor to complete a MALG Evidence form, and ask the council to consider a non-confrontational means of recovering the debt.

Then have a debt management professional to mediate the debt on your behalf. If a bailiff harasses or pesters you while repayments are progress in force and your doctor confirms that you health is at risk, you can apply for an injunction.

You may already be a vulnerable person for the purpose of civil enforcement

When your doctor has made a diagnosis of your mental impairment, you fall under the definition under section 1(1) of the Disability Discrimination Act 1995, which states:

(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.


This applies to any debt where the creditor is a council or government body: such as the enforcement of:

Council tax

Business rates provided the bailiff is attending an address that is non-commercial

Magistrate's Court fines

Parking Tickets (PCN's) and traffic debts

High Court writs having a creditor that is a council or a government body

When specifying the grounds of the application, you must include:

A statement of the claim, including:

The name of the public authority

I what way the enforcement is detrimental to your mental health by the prospect of a confrontation on your doorstep or in your home

The date the action started

The money being demanded

Propose a remedy, e.g. an alternative way of enforcement, such as an attachment of benefits

Specify how the law says the authority could have acted differently, or the reason why the money demanded is not legitimately owed.

Procedure

Tell the bailiff company, the bailiff and the council the reasons your health is being detrimentally affected by the prospect of confrontation with bailiffs, and provide how the council could act, then give the consequences if it fails to comply

If the bailiff continues to harass or pester you, apply for an injunction under section 25 of the Disability Discrimination Act 1995 using a Form N16A together with a Claim Form, a witness statement and exhibits along with a draft order

The court fee for an N16a is £308. If you are on a low income, claim court fee remission online and put the application reference number on your form N16a.

Attend the hearing

Serve a copy of the order on the bailiff company and, if known, the creditor

The bailiff company complies with the order and agrees to stop harassing or pestering you

The court lists a further hearing which the bailiff company and the creditor attends, and decides your costs of bringing the application.

The defendant bailiff company or the creditor will usually have to pay your costs and damages within 14 days

Template email giving the bailiff and the authority to cease and desist enforcement action on the grounds it is having a detrimental impact on your mental health.

Make a screenshot of the sent email to record the date and time it was given


The Law:

Section 25 of the Disability Discrimination Act 1995 states:

Enforcement, remedies and procedure

(1)A claim by any person that another person—

(a)has discriminated against him in a way which is unlawful under this Part; or

(b)is by virtue of section 57 or 58 to be treated as having discriminated against him in such a way,

(2)For the avoidance of doubt it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not they include compensation under any other head.

(3)Proceedings in England and Wales shall be brought only in a county court.

(4)Proceedings in Scotland shall be brought only in a sheriff court.

(5)The remedies available in such proceedings are those which are available in the High Court or (as the case may be) the Court of Session.

(6)Part II of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

(6A)Subsection (1) does not apply in relation to a claim by a person that another person—

(a)has discriminated against him in relation to the provision under a group insurance arrangement of facilities by way of insurance; or

(b)is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision under such an arrangement of such facilities.

(7)Subsection (1) does not apply in relation to a claim by a person that another person—

(a)has discriminated against him in relation to the provision of employment services; or

(b)is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision of employment services.

(8)A claim—

(a)of the kind referred to in subsection (6A) or (7), or

(b)by a person that another—

(i)has subjected him to harassment in a way which is unlawful under section 21A(2), or

(ii)is by virtue of section 57 or 58 to be treated as having subjected him to harassment in such a way,

is by virtue of section 57 or 58 to be treated as having subjected him to harassment in such a way, may be presented as a complaint to an employment tribunal.

(9)Section 17A(1A) to (7) and paragraphs 3 and 4 of Schedule 3 apply in relation to a complaint under subsection (8) as if it were a complaint under section 17A(1) (and paragraphs 6 to 8 of Schedule 3 do not apply in relation to such a complaint).