Bailiff Rules For Vulnerable Debtors
Bailiffs must withdraw if only a vulnerable person or anyone under 12 is present. Bailiffs must also give vulnerable debtors a chance to seek advice before taking money or removing goods. If they fail to do so, they may not recover enforcement stage fees and charges, or the debtor may apply to recover them.
Bailiff companies claim to have a 'welfare department,' but this often means delaying bailiff visits for 30 days.
Guidelines state that creditors must be prepared to take back control of a case involving a vulnerable debtor, and they set out the classes of debtors that may be vulnerable, which includes, people with a disability, the elderly, anyone who is seriously ill or heavily pregnant, simple parent families and the unemployed.
Also any person who has difficulty understanding English is a vulnerable person
Section 1(1) and (2) of the Disability Discrimination Act 1995 provides a statutory definition of a disabled person, which states a disabled person 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(1) of the Equality Act 2010 states a disability is a physical or mental impairment, and 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 published a report that states 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 bailiffs have taken goods or money without giving you a chance to get advice, you can apply to the court to recover all enforcement fees and charges, plus your costs.
If you expect bailiffs to visit, you can give them a notice stating you are vulnerable. This notice postpones enforcement and gives you time to contact the council or claimant and apply to stop the enforcement or settle the debt directly and cancels the bailifs fees.