The bailiff must give vulnerable debtors adequate opportunity to get assistance and advice before removing goods, otherwise the enforcement stage fee is not recoverable.[1][2]
Disputes about the fees and disbursements may be determined by the court[3] when a party applies to the court for a detailed assessment hearing.[4]
A vulnerable person is:[5]
the elderly
people with a disability*
the seriously ill
single-parent families
pregnant women
unemployed people
those who have obvious difficulty in understanding, speaking or reading English
* A "disability" is a physical or mental impairment having a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities.[6][7]
Bailiffs may not take control of goods belonging to a child,[8] or lone vulnerable people.[9]
Bailiffs must withdraw from domestic premises occupied by a child under 16[10] and must withdraw without making enquiries if the only person present is a child under 12.[11]
Creditors
Should a debtor be identified as vulnerable, creditors should be prepared to take control of the case, at any time, if necessary.[12] The bailiff has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern[13] and should be aware that vulnerability may not be immediately obvious.[14]
Disabled People
Bailiffs may not take control of vehicles displaying a disabled person's blue badge,[15] guide dogs and domestic pets,[16] or items used for the medical care of the debtor or anyone in their household.[17]
Definition of Vulnerable Debtors
Enforcement Regulations do not define vulnerable debtors, but guidelines do, and they are now legally binding.[18]
Bailiffs should be aware that vulnerability may not be immediately obvious.[19]
You can ask the bailiff or his office to put the enforcement on hold.
Template Notice
Get the enforcement put on hold so you have the opportunity to get assistance and advice in relation to the exercise of the enforcement power.[1]
You should give this notice by email and by post to the bailiff company and to the sentencing magistrates' Court. Make a screenshot of the sent email and get a certificate of posting from the Post Office.
You can send this notice by text message to the bailiff to his mobile, and make a screenshot of the sent text message to record the date you gave it.
This temporarily gets the bailiffs off your back[1] and gives you time to pay the fine directly to HM Court Service,[20] make a statutory declaration to nullify the conviction,[21] or apply to the fines officer to withdraw the warrant.[22]
[1] Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014
[2] Clarified in Progressive Property Ventures LLP v Mrozinski [2022] EWHC 1256 (QB) (24 May 2022)
[3] Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014
[4] Civil Procedure Rule 84.16(3)(d)
[5] Paragraph 77 of the Taking Control of Goods National Standards, published by the Ministry of Justice
[6] Section 6(1) of the Equality Act 2010
[7] Section 1(1) and (2) of the Disability Discrimination Act 1995
[8] Regulation 10(1)(a) of the Taking Control of Goods Regulations 2013
[9] Regulation 10(1)(b) of the Taking Control of Goods Regulations 2013
[10] Paragraph 16 of the Taking Control of Goods National Standards, published by the Ministry of Justice
[11] Paragraph 73 of the Taking Control of Goods National Standards, published by the Ministry of Justice
[12] Paragraph 70 of the Taking Control of Goods National Standards, published by the Ministry of Justice
[13] Paragraph 72 of the Taking Control of Goods National Standards, published by the Ministry of Justice
[14] Paragraph 76 of the Taking Control of Goods National Standards, published by the Ministry of Justice
[15] Regulation 4(1)(d) of the Taking Control of Goods Regulations 2013
[16] Regulation 4(1)(c) of the Taking Control of Goods Regulations 2013
[17] Regulation 4(1)(b)(vii) of the Taking Control of Goods Regulations 2013
[18] Judicial Review, R (on the application of Purnell) v South Western Magistrates' Court [2013] EWHC 64 (Admin)
[19] Paragraph 76 of the Taking Control of Goods: National Standards, April 2014
[20] See Pay the fine directly to court and give notice to the bailiff
[21] See Making a section 14 statutory declaration
[22] Section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
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