A disabled person is in a class of vulnerable people for the purpose of civil enforcement.[1]
Enforcement regulations do not give a statutory definition of a disabled person, but legislation does.[2][3]
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.[4]
Bailiffs must be aware that vulnerability may not be immediately obvious.[5]
The regulations state the bailiff must give vulnerable debtors adequate opportunity to get assistance and advice before removing goods, otherwise the enforcement stage fee is not recoverable.[6]
If the bailiff breaches this rule, the disabled debtor may apply to the court for a detailed assessment about the fees and disbursements.[7] when a party applies to the court for a detailed assessment hearing.[8]
You give the bailiff a Notice telling him you are a vulnerable person, and that will give you 30 days relief from enforcement, and you can decide how to deal with the debt.
Template Notice: Vulnerable People: Temporarily send the bailiff away
Send the Notice to the bailiff company and get a certificate of posting from the post office.
Give a copy of the Notice to the bailiff company by email and make a screenshot of the sent email capturing the time you gave it.
Send a copy of the Notice by text message to the bailiff to his mobile and make a screenshot of the sent text message to record the time you gave it.
Keep all screenshots for your file.
[1] Paragraph 77 of the Taking Control of Goods National Standards, published by the Ministry of Justice
[2] Section 6(1) of the Equality Act 2010
[3] Section 1(1) and (2) of the Disability Discrimination Act 1995
[4] Paragraph 72 of the Taking Control of Goods National Standards, published by the Ministry of Justice
[5] Paragraph 76 of the Taking Control of Goods National Standards, published by the Ministry of Justice
[6] Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014
[7] Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014
[8] Civil Procedure Rule 84.16(3)(d)
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