Bailiff Regulations for Vulnerable Individuals

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Dealing with bailiffs can be stressful enough, but what do you do if you’re vulnerable? In this quick guide, we’ll take you through:

• What a bailiff is
• Who is classed as a vulnerable person
• Some of the regulations for vulnerable people
• How to complain about a bailiff.

What is a bailiff?

The term ‘bailiff’ is used to describe any agent who has been sent to recover debts. They can be sent on behalf of your creditor or a court.

There are two types of bailiffs:

• Debt collectors, and 
• High Court Enforcement Officers (HCEOs).

While debt collectors and HCEOs are technically both bailiffs, they have very different powers. We’ll go into more detail in the rest of this post, but, in essence, an HCEO acts on instructions from the court, so has much greater powers.

If you would like more information, you can visit our detailed debt collector and HCEO pages, or contact a debt charity for some free and specific advice.

Am I a vulnerable person?

There are specific rules in place to help protect vulnerable people. If you are:

• Disabled in any way or extremely ill
• Suffering from any kind of mental illness 
• Have children or is pregnant 
• Under the age of 18 or over the age of 65
• Dealing with a stressful situation, such as the death of a loved one or unemployment 
• Someone who struggles to communicate in English

You are considered a vulnerable person. This means that any bailiffs will have to follow some additional rules to ensure their visit is as easy on you as possible.

What do bailiffs need to do if I’m vulnerable?

First of all, if any of these conditions apply to you, you can get more time to deal with the Notice of Enforcement. This is the letter that you receive from the bailiffs that let you know they are chasing you for a debt.

You can also get more time if the bailiffs did not send you the Notice of Enforcement properly.

If you fall into any of the above categories, you need to either tell the bailiffs yourself or get a relative or carer to do it for you. You can then contact them by phone or by post. We have a free letter template that you can use to explain your situation.

When you speak to the bailiff, you need to:

• Tell them that you’re vulnerable
• Explain why you would find dealing with bailiffs more difficult than other people in the same situation
• Ask them to stop any visits in the future because it will cause harm and distress to you
• Tell them if a letter or a visit could make your situation worse – this could be the case if you have a mental health problem or a heart condition, for example.

Make a note of what you agree with the bailiffs about future contact. This will make it easier to argue with them if they don’t stick to this new agreement or if you need to make a complaint.

What can’t bailiffs take?

There are strict rules on what bailiffs can’t remove from your property even if you aren’t vulnerable. These items include:

• Anything that belongs to someone else – this includes things that belong to your children
• Pets or service animals
• Vehicles, tools, or equipment that you need for your job or to study up to £1,350
• A mobility vehicle or any vehicle with a valid Blue Badge
• Anything permanently fitted to your home – kitchen units, etc.

Bailiffs also can’t take things that you need to live. These items can be anything that you use for your ‘basic domestic needs.’ They can take some of these things but must leave you with:

• A table with enough chairs for everyone in your home
• Beds and bedding for everyone in your home
• A phone or mobile phone
• Any medicine or medical equipment that you need to care for someone
• A washing machine
• A cooker or microwave, and a fridge.

If you think that a bailiff has taken something that they shouldn’t, you need to complain immediately. We go through the complaints process below.

Are bailiffs regulated?

Yes, both debt collectors and HCEOs are regulated by different bodies.

Debt collector regulation

The most common types of household debts are regulated by the Financial Conduct Authority (FCA). They publish guidelines which creditors and debt collectors have to follow. You can check to see if the FCA governs your debt collection company by checking their register.

If the debt collection company you are dealing with is not registered with the FCA, you can check the Credit Services Association (CSA) instead. The CSA work with the FCA and has a set of regulations that aim to maintain professionalism and fair debt collection practices.

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HCEO regulation

The High Court Enforcement Officers Association has a Code of Best Practice that is based on the National Standards issued by the Ministry of Justice.

These guidelines apply to anyone working as or on behalf of a HCEO.

The guidelines cover a broad range of behaviours and procedures. The rules require that, among other things, HCEOs:

• Provide relevant ID on request
• Act within the law at all times
• Respect confidentiality
• Do not exaggerate the powers that they hold
• Act in a professional, calm, and dignified manner
• Do not discriminate.

If you think that a HCEO has broken any of these rules or any other rule in the Best Code of Practice, you can make a complaint. We go through this process in this more detailed article about HCEOs.

How do I complain about a bailiff? 

If you think that the bailiff has been unreasonable or behaved inappropriately, you can make a complaint. You can also complain if you feel they have broken any of the Financial Conduct Authority’s (FCA) guidelines.

Make your first complaint to the bailiff’s company directly so that they have the chance to sort out the issue themselves. If you feel that they have not taken your complaint seriously enough or have not addressed your issue properly, you can escalate matters.

You can make any secondary complaint to the Financial Ombudsman Service (FOS). They will investigate, and if your complaint is upheld, the bailiff may be fined. You could even be owed compensation.

If the bailiff’s company is not registered with the FCA, you can make your secondary complaints to the Civil Enforcement Authority (CIVEA). CIVEA has its own set of guidelines and procedures for dealing with complaints against its members.