Bailiffs and Mental Health - All You Need To Know

Q: What happens if you don’t pay bailiffs?

If you do not pay bailiffs in full or as part of a Controlled Goods Agreement, they can start repossession action. They will give notice of when they plan on turning up at your door and seizing possession of valuables to be sold at auction to repay.

Q: Can bailiffs force entry?

Bailiffs could force entry into your property in rare cases only. For example, if you do not keep to an arrangement to repay gradually via a Controlled Goods Agreement, and the goods secured against the agreement are inside your home, they can force entry. They can also use reasonable force to enter to collect HMRC debt and magistrate fines. Forcing entry is not the same as breaking down your door. They may use a locksmith. In any other situation, such as collecting council tax debt, they can only enter your house through open or unlocked doors.

Q: What are bailiffs not allowed to do?

Bailiffs are not allowed to physically harm you or force entry in most situations. They also cannot enforce a debt in the standard process when the debtor is classed as vulnerable, such as having mental health problems. They may have to provide more time or give the person an opportunity to search and use debt advice services.

Q: Can you refuse to let bailiffs in?

You can refuse to let bailiffs in, but it is not always a good idea. There are limited situations when the bailiff can use reasonable force or use a locksmith to come in, which may add fees to your overall debt. And if they have to return another day, you can be charged the enforcement fee of at least £235 again. This is why it is best to come to an agreement when they first contact you.

For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

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.

Debt and mental health problems

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.

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How bailiffs must treat a vulnerable person

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 the bailiffs 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 bailiffs?

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.

Bailiffs Can	But They Can’t
Call and visit your home multiple times, any day of the week.	Visit your workplace (if you are not self-employed)
Take items from your home. These items have to be considered ‘luxury’.	Take essential items from your home. This includes beds, clothing, and work equipment.
Use ANPR technology and DVLA information to locate your car and take it.	Enter your home without permission unless they have a warrant to force entry for a CCJ.
Peacefully enter your property.	Harass or threaten you.
Issue notices to those who owe a debt.	Take items that belong to someone else. However, they may be able to seize jointly owned property.
Offer to conduct a Virtual Controlled Goods Agreement (rather than in-person). This will typically be offered to vulnerable people.	Sell goods they have seized at auction until seven clear days have passed.

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Can you get debt written off due to mental health?

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.

Bailiff FAQs

What happens if you don’t pay bailiffs?

If you do not pay bailiffs in full or as part of a Controlled Goods Agreement, they can start repossession action. They will give notice of when they plan on turning up at your door and seizing possession of valuables to be sold at auction to repay.

Can bailiffs force entry?

Bailiffs could force entry into your property in rare cases only. For example, if you do not keep to an arrangement to repay gradually via a Controlled Goods Agreement, and the goods secured against the agreement are inside your home, they can force entry. They can also use reasonable force to enter to collect HMRC debt and magistrate fines. Forcing entry is not the same as breaking down your door. They may use a locksmith. In any other situation, such as collecting council tax debt, they can only enter your house through open or unlocked doors.

What are bailiffs not allowed to do?

Bailiffs are not allowed to physically harm you or force entry in most situations. They also cannot enforce a debt in the standard process when the debtor is classed as vulnerable, such as having mental health problems. They may have to provide more time or give the person an opportunity to search and use debt advice services.

Can you refuse to let bailiffs in?

You can refuse to let bailiffs in, but it is not always a good idea. There are limited situations when the bailiff can use reasonable force or use a locksmith to come in, which may add fees to your overall debt. And if they have to return another day, you can be charged the enforcement fee of at least £235 again. This is why it is best to come to an agreement when they first contact you.