The rules bailiffs have to follow if you’re vulnerable

There are rules about how bailiffs (also known as ‘enforcement officers’) have to treat you if your circumstances mean that you’ll find it especially hard to deal with them. This is referred to as being ‘vulnerable’.

In this blog we’ll explain what counts as vulnerable; how bailiffs are required to treat you; and what to do if and when bailiffs contact you.

This information applies to England and Wales. In Scotland, the equivalent of bailiffs are called Sheriff Officers, and they work slightly differently.

What counts as ‘vulnerable’?

There are lots of vulnerable groups of people who might find dealing with bailiffs particularly difficult. For example:

• People who are disabled or very ill
• People with mental health problems
• Parents – particularly single parents – of small children
• Someone who is pregnant
• People who are younger (below the age of 18) or older (over the age of 65)
• People who have limited English
• People who are unable to read.

A vulnerability doesn’t have to be a long-term issue. You could also be vulnerable because of something that has happened to you recently, like a crime, a job loss or a bereavement.

The rules bailiffs have to follow

If you are a vulnerable person, bailiffs must:

• Never enter your home when you’re alone
• Agree, if you ask, to give you more time before they visit, take any of your possessions, or add any fees onto your debt. This will give you the opportunity to seek debt advice
• Never take away anything that you need for health reasons, or try to scare you by telling you that they will
• Take any extra steps necessary to help you understand them when they communicate with you. For example, if you are partially sighted they might need to make sure that letters they send you are in large print.

The rules if there are children at your home

Bailiffs aren’t allowed to:

• come into your home if no one over the age of 16 is there. If the only people at home are under the age of 12, the bailiffs shouldn’t even ask them questions.
• take away anything in your home that is for your children, such as toys or a pram.

What should I do if bailiffs contact me?

You’re not on your own – we can help. Please contact us as soon as you can on 0161 518 8285 or [email protected].

In the meantime, you need to let the bailiffs know if they should be treating you as a vulnerable person.

If the bailiffs write to you, they will usually include a phone number. It’s best to contact them by phone if possible so you can speak to them as quickly as possible, to make sure they don’t visit or add on any fees to your debt.

If you find it difficult to speak on the phone, ask a friend, family member or carer to make the call for you if possible.

If bailiffs visit your home, you do not have to let them in; if you do, they may be able to force entry on a subsequent visit. If possible, you should still try to speak to them, but do this through a letterbox or a window so that they can’t force their way in. (They are allowed to enter your home through any doors or windows that have been left open, so be very careful.)

Keep a note of when you spoke to the bailiffs, the name of the person you spoke to, and what was agreed.

Here’s what you should say:

I am vulnerable because [briefly explain why].

Please do not visit [again], as this will cause me extra distress.

If it’s reasonable to be concerned that a visit or another letter from a bailiff could actually make your physical or mental health worse, tell them that.

If you’re not able to call the bailiffs, or if speaking to them by phone or in person doesn’t resolve the situation, you can write to them instead. You should include the information above in your letter. If you don’t feel confident writing the letter yourself, contact us and we can help.