Bailiffs and mental health: vulnerability and support

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.

This guide covers bailiff enforcement in England and Wales and the support available if mental health problems make it harder to deal with debt. It explains:

• 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 problems can affect one another. Financial pressure can worsen someone’s wellbeing, while illness can make managing bills and correspondence more difficult. See related guidance.

The effect varies from person to person. Tell a debt adviser about both your finances and any support you need.

You do not need to wait until a crisis before asking for help with debt or explaining your circumstances to a creditor.

If a creditor or enforcement agent behaves improperly, use the appropriate complaints process. The FCA regulates some debt collection activity but is not the general regulator or complaints handler for bailiff enforcement. See related guidance.

If enforcement is affecting your health, ask a free debt adviser to help you contact the creditor and enforcement company. Avoid taking out unaffordable credit simply to meet an immediate demand.

How a vulnerable person must be treated

Vulnerability depends on the person’s circumstances and how enforcement affects them. Tell the enforcement company and creditor about your needs, provide relevant evidence if available, and ask for suitable adjustments. A diagnosis or membership of a particular group does not automatically cancel the debt, stop all visits or remove all fees. See related guidance.

The rules on taking control of goods, discrimination and reasonable adjustments may be relevant. A mental health diagnosis does not by itself prohibit enforcement under the Mental Health Act.

Where a mental health condition amounts to a disability under the Equality Act 2010, reasonable adjustments may be required. Explain what change would help, such as accessible communication or contact through a representative. See related guidance.

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?

Examples of circumstances that may contribute to vulnerability include:

• Pregnant
• A single parent or have young children at home
• Seriously ill
• Disabled
• Age-related difficulties that affect the person’s ability to deal with enforcement; there is no automatic over-65 exemption.
• Being a child or young person who cannot properly deal with enforcement.
• 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!

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Tell the enforcement company about your circumstances

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.

A debt adviser can help you explain how your condition affects you and challenge an inadequate response; a particular outcome cannot be guaranteed.

Ask the company to record your circumstances, consider adjustments and discuss the case with the creditor where appropriate.

Agents must not enter, re-enter, remain in premises or take control of goods where the only people present are children under 16 or vulnerable people, including a combination of them. This is different from a blanket ban on visiting anyone who lives alone.

Under regulation 12 of the Taking Control of Goods (Fees) Regulations 2014, enforcement-stage fees and related disbursements are not recoverable from a vulnerable debtor unless they have been given an adequate opportunity to obtain assistance and advice before controlled goods are removed. This is a conditional protection, not a blanket fee exemption.

You can get free advice from a debt charity or Citizens Advice. Explain any urgent deadline or threatened visit so they can help you decide what action is needed.

The creditor should be prepared to take the case back where necessary, but vulnerability does not automatically require every case to be returned. If you are receiving qualifying mental health crisis treatment, ask an adviser about Mental Health Crisis Breathing Space in England and Wales, which can protect qualifying debts during treatment and for 30 days afterwards.

Complain to the enforcement firm and creditor if protections have not been observed. For court-employed bailiffs, complain to the court. The summary below concerns taking control of goods; eviction warrants have different entry rules. See related guidance.

England and Wales only. Tools and equipment needed personally for work, study or education have a combined exemption limit of £1,350. The rules differ elsewhere in the UK.

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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.

A creditor may agree to write off a debt at its discretion after considering evidence and your circumstances. Mental health problems do not guarantee a write-off, and this is not limited by a universal small-debt rule.

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