Key points:

• Bailiffs must avoid all enforcement action against a vulnerable debtor.
• Anyone can be vulnerable.
• Body cams are crucial for the protection of both the debtor and bailiff.

The National Standards guidelines

By law, a bailiff cannot enforce against a vulnerable debtor. Instead, they must avoid all enforcement action until proof of vulnerability has been provided, as stated in paragraph 72 of the National Standards 2014 guidelines for Taking Control of Goods.

If the debtor cannot provide proof of their vulnerability within three weeks, enforcement will continue.

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Who might be a vulnerable debtor?

However, it is important to note that not all vulnerabilities are obvious. In fact, anyone can be vulnerable. Therefore, it is crucial that bailiffs approach each situation on a case-by-case basis.

How bailiffs deal with vulnerable debtors

According to the National Standards guidelines, if a debtor is vulnerable, bailiffs:

• May not recover enforcement stage fees and charges.
• May not take control of goods when the vulnerable person is home alone.
• Must withdraw from the premises and allow the vulnerable person to seek advice.

Wherever possible, bailiffs should have arrangements in place for rapidly accessing interpretation services such as British Sign Language and provide on request information in large print or in Braille for debtors with impaired sight.

If only children are present

Bailiffs must withdraw from the premises if the only person present is, or appears to be, under the age of 16; they can however ask when the debtor will be home.

However, if the only persons present are children who appear to be under the age of 12, they are to withdraw without making any enquiries, as stated in paragraph 73.

If you are vulnerable

If you are a vulnerable debtor who is struggling to pay off a debt, it is crucial that you notify the bailiff of your vulnerability and how it affects your ability to repay the debt. The bailiff will then point you in the direction of the relevant mental health and debt charities, allowing you more time to repay the debt.

We also recommend that you visit the Citizens Advice website for more information on mental health and debt charities.

The importance of body cams

To ensure that our vulnerable debtors are always treated with the highest of discretion and care, our men are fitted with body cams at all times. This footage is audited daily by our Compliance Team.

This not only protects the debtor from further harm, but also the bailiff from any possible allegations of inappropriate behaviour.  

How to make a complaint

If you are a vulnerable debtor and you believe that a bailiff has acted inappropriately, it is important that you make a formal complaint against that bailiff.

To do this, you will need to ask for the bailiff for their full-name, company name, and the company’s complaints procedure. Any good bailiff will happily provide you with this information.