Bailiffs and Mental Health – All You Need To Know

When dealing with bailiffs, it’s normal to feel worried, especially if you have mental health issues. It’s important to know that rules are in place to protect you. This guide will help you understand these rules better.

Over 170,000 people come to our site each month, looking for information about their debt problems, and Citizens Advice estimate households have around £18.9 billion in unpaid bills like council tax and utilities¹. You’re not alone, and we’re here to provide the support you need. We will cover:

• What bailiffs can and cannot do when dealing with someone who has mental health problems.
• How to notify enforcement agents about your mental health issues.
• Understanding bailiff fees and how they can affect your debt.
• Steps you can take if you believe a bailiff has not treated you fairly.
• How to manage overwhelming debt and the possibility of getting some of it written off due to mental health.

Our team knows how hard it can be to deal with debt and bailiffs. We understand what you’re going through and can provide useful advice based on real-life experiences. So please read on, and start taking control of your situation today.

The Link Between Mental and Financial Health

Debt and mental health are strongly linked. The Royal College of Psychiatrists state that 50% of all people in debt suffer some form of mental health problem.

And 25% of people with a mental health problem have debt. Financial stress can seriously impact your health and well-being.

This means that debt doesn’t just cause declining mental health, but mental health issues can cause debt too.

Some creditors cause these issues because of illegal practices; you should report their behaviours to the Financial Conduct Authority (FCA) when this happens to you.

The psychological effects of debt can be devastating enough without being harassed by bailiffs. StepChange found that over half of their respondents say dealing with bailiffs made paying off their debt more difficult. Many say that they had to take out more credit to pay the bailiffs².

How a vulnerable person must be treated

Bailiffs must follow other guidelines if they are recovering money from vulnerable people. The rules change regarding fees and what they can do.

Enforcement agents must abide by the Mental Health Act when contacting vulnerable debtors.

Not only this, but bailiffs must also take into account that their actions must not contravene The Equality Act.

Bailiff conduct with vulnerable individuals must follow the law. Plus, they must take into account the rights of vulnerable people with debt.

But first, who is classified as a vulnerable person?

You may be determined as a vulnerable person if you are either:

• Pregnant
• A single parent or have young children at home
• Seriously ill
• Disabled
• Of elderly age (>64)
• Of young age (<18)
• Not fluent in English
• Recently injured
• Recently unemployed and now receiving DWP benefits 
• Mourning the death of a loved one
• And if you have mental health problems!

» TAKE ACTION NOW: Fill out the short debt form

Beat their vulnerability letter

If you suffer from mental health problems, you should inform the enforcement agent company immediately.

Their contact details can be found on any letters you receive or on their web page. You may need to provide evidence, such as a doctor’s note. 

See this post that someone placed on a popular online forum.

Source: Moneysavingexpert

Can you complain about them?

If the enforcement agents do not accept your evidence of a mental health illness, you can complain or ask Citizens Advice agents to communicate with them.

This has proved successful for vulnerable people in this situation. 

When you are deemed a vulnerable person, the bailiff must treat you differently. 

They cannot visit your home when you are alone, and they should give you additional time to search for solutions. 

By law, the enforcement agent must also make sure you receive debt advice before taking any action.

You can get this type of advice from a charity or Citizens Advice. And just as important, the bailiff cannot charge vulnerable people with certain fees, saving the debtor money.

In some circumstances, the bailiff is not able to recover debts from vulnerable people, and it will be passed back to the creditor. 

If they break any of the above legal practices, you can report them to the FCA. I recently shared some important rights you have with bailiffs in an interview with the Mirror. Here’s a quick table summarizing what bailiffs can and can’t do.

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Can you get debt written off?

There are no laws to say a company or creditors must write off your personal debt if you have a long-term mental health problem.

In short, mental health and debt forgiveness are not written in stone.

However, in limited cases, the creditor may decide to write off smaller debts owed by vulnerable people. This will be at their discretion whether they provide debt relief due to mental health or not.

Nevertheless, you should still communicate your situation with the companies you owe money to or have someone do this on your behalf.

By explaining your present circumstances, they may offer a more affordable and appropriate repayment plan. 

To do this, you can download our letter templates; fill in a few details of the template that’s right for you – and pop it in the post. 

References

1. Citizens Advice – Debt Statistics and Bailiff Issues
2. StepChange – Creditor and Debt Collector Conduct