Key Takeaways

1. Bailiffs must withdraw if only a vulnerable person or someone under 12 is present. Continuing enforcement in these circumstances is unlawful.


2. Vulnerable debtors must be given a chance to obtain advice before goods are taken or money is demanded.


3. Enforcement stage fees and charges are not recoverable if bailiffs fail to comply with the duties imposed under the 2014 Regulations and Schedule 12.


4. A debtor may apply to court to recover any enforcement fees or seek compensation where bailiffs acted unlawfully.


5. Vulnerability includes disability, serious illness, pregnancy, age, language difficulties, unemployment, and other factors recognised under the Equality Act 2010.


6. A written notice informing the bailiff company of vulnerability can suspend enforcement and allow time to settle or challenge the debt.


7. The instructing creditor is expected to take back control of enforcement when vulnerability is identified.

Bailiff Rules for Vulnerable Debtors

The conduct of bailiffs in cases involving vulnerable debtors is subject to strict regulation, both under statutory law and through binding procedural guidance. The principle that enforcement must not be oppressive is a long-established tenet of civil enforcement. In cases involving vulnerability, the law imposes a heightened duty of care on both the bailiff and the instructing creditor.

The National Standards for Enforcement Agents, although not statutory, are endorsed by the Ministry of Justice and provide authoritative guidance on bailiff conduct. These standards require bailiffs to withdraw immediately if only a vulnerable person or someone under the age of twelve is present. A debtor must also be given the opportunity to seek advice before the removal of goods or collection of money. Where this standard is breached, Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 provides that fees are only recoverable if the enforcement agent has complied with the relevant procedural steps set out in Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Accordingly, failure to identify and respect vulnerability may invalidate all enforcement stage fees.

Vulnerability is not limited to physical incapacity. The Equality Act 2010, at section 6(1), defines disability broadly as any physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal daily activities. This replaces the earlier formulation under section 1 of the Disability Discrimination Act 1995. In addition, the Law Commission’s 1997 report on vulnerable adults confirms that those who are ill, elderly, mentally impaired, or unable to safeguard themselves from harm or exploitation fall within the recognised class of vulnerable persons. The standards applied to enforcement reflect these principles.

The presence of vulnerability places a positive obligation on enforcement agents to adjust their conduct accordingly. This includes postponing visits, refraining from further action, and informing the creditor of the circumstances. It is also expected that the creditor will take back the case and suspend enforcement if vulnerability is confirmed. The enforcement agent’s failure to do so may amount to a breach of duty giving rise to civil liability. The courts have confirmed that fees unlawfully incurred due to failure to comply with the regulations or guidance are not recoverable and may be reclaimed through an application under Regulation 16 of the 2014 Regulations and Civil Procedure Rule 84.16.

If bailiffs have already acted without regard to your vulnerability, and you were denied the chance to seek advice or engage with the creditor, you may apply to the court for the return of goods and the cancellation of all enforcement fees. In addition, you may claim the costs of making such an application and seek damages where harm or distress has resulted from the unlawful enforcement.

Where enforcement is expected but has not yet occurred, it is advisable to serve a written notice on the bailiff company confirming your vulnerable status, citing medical or other supporting evidence if available. This has the legal effect of placing them on notice and compels them to suspend action pending review. It also strengthens your position in any subsequent complaint or application to court. If handled correctly, this step can lead to cancellation of the enforcement entirely and removal of all associated fees. A properly drafted notice, supported by relevant evidence, provides a solid foundation from which to secure a fair and lawful resolution.

Remedies

If you are or may be classed as a vulnerable debtor, there are specific statutory protections and procedural remedies available to stop enforcement or recover any money or goods taken unlawfully.

1. Withdraw enforcement if vulnerability is identified: Bailiffs must withdraw immediately if only a vulnerable person or someone under 12 is present. Continuing enforcement in such cases breaches the Taking Control of Goods Regulations 2013.


2. Notify the creditor or bailiff in writing: A written notice identifying yourself as vulnerable under the Equality Act 2010 can pause enforcement and allow time to seek advice or settle the debt. Include medical evidence, benefit statements, or other supporting material where available.


3. Apply to court to recover fees and charges: If goods or money were taken without time to seek advice, you may apply under Paragraph 66 of Schedule 12 to recover enforcement fees and claim damages.


4. Demand return of goods: Where enforcement occurred unlawfully due to vulnerability being ignored, you may seek an order for the return of goods and cancellation of any sale or disposal.


5. Hold the creditor responsible: Enforcement agents act on behalf of creditors, who remain jointly liable for breaches. Creditors must take back control of enforcement where vulnerability arises and may be liable in damages for failure to do so.

In view of the above, it would be sensible to gather any documents that evidence your vulnerability, such as medical letters, benefits awards, or correspondence from support services. Retain all notices or letters received from the bailiff or creditor and prepare a short written account of what has occurred so far. With this material to hand, a well-structured notice asserting your vulnerable status, coupled with an application to recover any fees or stop further enforcement, may place you in the strongest possible position to bring the enforcement to an end and secure appropriate redress.