Dealing with debt can put an enormous strain on your mental health, but for vulnerable individuals with pre-existing mental health issues, it can present further challenges.
There are additional rules bailiffs must follow when visiting vulnerable individuals, such as allowing extra time to respond to letters and not entering unless someone else is there. It’s essential to let bailiffs know if you’re vulnerable and need additional support.
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What is a bailiff?
The word ‘bailiff’ usually evokes negative connotations of someone banging on your door in the middle of the night or breaking into your home and stealing your belongings, but the reality is a little different.
Put simply, a bailiff (officially called an enforcement officer) is a legal officer authorised to collect unpaid debts on behalf of the person you owe money to (your creditor). They are sent by the court (high court, county court, or magistrates court) and have the legal power to remove and sell your belongings to repay a debt – known as ‘taking control of goods’.
There are various types of bailiff, including a county court bailiff, high court enforcement officer, family court bailiff, and civilian enforcement officer. The type that visits you will depend on the type and severity of the debt.
When a bailiff visits your property, they will ask you to repay what you owe in full. If you can’t, they will make a list of belongings that they can potentially sell to repay the debt. This is known as a ‘controlled goods agreement’ and will include items most likely to sell for a good price at auction, such as electronics, furniture, and jewellery.
They will then set up a repayment plan to allow you to repay the debt in regular instalments. Failure to make payments as agreed will result in the bailiff returning and seizing the goods listed in the controlled goods agreement.
How are bailiffs and mental health linked?
The link between bailiffs and mental health is significant.
Being in debt can trigger several mental health problems, such as anxiety and depression, due to the stress of worrying about money and the possibility of legal action. The longer the debt goes unpaid, the bigger strain it can have on your emotional state, and the worse your mental health can become.
Similarly, suffering from poor mental health can be a slippery slope to debt as it can make it more difficult to manage your finances and make repayments in full and on time. It can also make reaching out for help much more daunting if you’re anxious about picking up the phone.
If you’re suffering from poor mental health and expecting enforcement action, it’s important to let the bailiff know about your circumstances as soon as possible. There are set procedures bailiffs must follow to ensure you feel comfortable and supported.
Do I belong to a vulnerable group?
There are no set criteria that define a vulnerable person when it comes to debt.
However, you might be eligible for extra support if you’re disabled, mentally ill, physically ill, over 65, pregnant, or a parent (especially a single parent).
It’s also worth noting that a vulnerability doesn’t have to be a long-term problem. It can be caused by a recent event that’s caused emotional distress, such as a job loss, a crime, or a bereavement.
Similarly, you should inform the bailiff if you’re a carer, family member, or friend of a vulnerable person experiencing debt – especially if you have any legal right to act for them, such as power of attorney. Most bailiffs will be happy to talk to you instead.
What does bailiff action typically involve?
The debt recovery process is generally the same regardless of provider, but the steps taken will depend on your unique circumstances, such as the type and amount of debt owed.
Here is a brief guide to what you can expect from bailiff action:
Your creditor applies for a warrant of control
The debt recovery process begins when your creditor applies for a warrant of control. This is a legal document that allows enforcement agents to take control of your possessions if you have a County Court Judgment (CCJ) you haven’t paid.
You receive a notice of enforcement
Once your creditor has a warrant of control in place, they can serve you with a notice of enforcement. This is a letter informing you that bailiffs will visit you if you don’t pay or arrange to pay the debt within seven clear days.
Bailiffs visit you at home
The next step in the debt recovery process is bailiffs visiting you at home. They will ask you to pay the debt in full but, if that isn’t an option, they will usually allow you to make regular instalments until the debt is repaid.
You sign a controlled goods agreement
If you can’t afford to pay the debt in full, bailiffs will set up a controlled goods agreement where you agree to make monthly payments towards the debt in exchange for keeping your belongings. Missing monthly payments will result in the bailiffs returning and seizing the items listed in the agreement.
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Can a bailiff ever force entry into my home?
One of the main concerns among people facing enforcement action is whether a bailiff can ever force entry into their home. However, this can only happen in rare situations.
The only times a bailiff can force entry into your home is if they’re there to collect unpaid criminal fines, debts owed to HMRC (e.g. income tax), or you’ve broken a controlled goods agreement.
When they enter your home, they must have a warrant from the court showing proof of what you owe. Always check any documents they carry are signed by the court and show your correct name and address.
They also must use reasonable force and aren’t allowed to break down your door in an attempt to gain entry. They can return with a locksmith to unlock your door.
Remember, while bailiffs have a right to force entry in certain situations, it’s still unlikely they’ll do this unless they’ve been left with no other option. In most cases, you’ll be given an opportunity to settle the debt before things escalate to this stage.
How do I tell bailiffs I’m vulnerable?
Facing enforcement action as a vulnerable person can be daunting, so you must inform the bailiff of your situation as soon as possible. To do this, contact them directly or get a carer, friend, or relative to contact them on your behalf if you’re unable to do so.
The quickest way to get in touch with a bailiff is to call the number listed on the enforcement notice. This must be done within seven days to prevent bailiffs from visiting you or adding extra fees without knowing your circumstances.
When you talk to an enforcement agent, explain why your vulnerability could be made worse by bailiff action and ask them to cancel any upcoming visits because of the distress it would cause you or someone living with you.
For example, if you have mental health challenges that make you take longer to process information or make decisions, you should clearly explain that you need extra time before they visit.
Remember to keep a note of when you called and what was agreed during the call and, if you can, keep your creditor informed of the outcome. Some creditors will avoid bailiff action altogether if they know you’re vulnerable and doing so could cause further harm to your mental or physical wellbeing.
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How should bailiffs treat me if I’m vulnerable?
There are certain things a bailiff should and shouldn’t do when visiting a debtor who belongs to a vulnerable group. In adhering to the Mental Health Act (1983), Disability Discrimination Act (1995), and the Equality Act (2010), they should:
- Never enter if you’re home alone
- Agree – if you ask – to give you more time before they visit, seize your belongings, or add fees to your debt
- Never take or threaten to take anything you need for health reasons
- Take all necessary steps to help you understand the debt enforcement process (e.g. send letters in large print if you’re partially sighted)
- Never enter your home if nobody over the age of 16 is present
- Never remove items belonging to your children (e.g. toys, clothing or prams)
- Give you extra time to seek debt advice
Knowing what bailiffs can and can’t do when they visit you can help you know when you’re being treated unfairly during the debt enforcement process.
How can I complain about the way a bailiff has treated me?
Being vulnerable can make the process of dealing with bailiffs much more stressful. However, if a bailiff knows you’re vulnerable and still treats you in a way you consider unacceptable or unfair, you should complain to both the bailiff and your creditor.
Before submitting a complaint, it might be useful to contact a debt charity, such as Citizens Advice, to get free advice.
Depending on the severity of the complaint, the bailiff’s license could be temporarily revoked or permanently suspended. Enforcement agents are aware of the rules they must follow when visiting vulnerable individuals and any attempt to break these rules shouldn’t be tolerated.
The government introduced additional reforms in 2014 in an attempt to tackle poor practice during bailiff action but aggressive and hostile behaviour is unfortunately still a common complaint.
Conclusion
There are certain rules bailiffs must follow when visiting individuals with a vulnerability, such as a physical or mental impairment. If you feel you have been treated unfairly or discriminated against because of a vulnerability, you have a right to complain.
Having a disability, serious illness, or mental health problem might make you eligible for extra time or assistance during the debt enforcement process.
Even if you don’t belong to a vulnerable group, some bailiffs might be more understanding of your circumstances and provide extra support if you’re open and upfront about the difficulties you’re facing.
