Vulnerability can often mean a host of things and not all vulnerabilities are immediately obvious, such as a medical condition or mental health concerns.
If you believe yourself or a member of your household to be a vulnerable person, you should make the Enforcement Agent aware at the first available opportunity, such as when you receive the Compliance Stage letter.
If you are unsure about contacting the Enforcement Agent directly, please do get in touch with us and we will discuss how we can help
Once an Enforcement Agent is made aware of one or more vulnerabilities, the law states that they should follow a course of action.
We have extracted the following regulations that are designed to protect the vulnerable:
Recovery of fees from vulnerable debtorsTaking Control of Goods (Fees) Regulations 2014
12. Where the debtor is a vulnerable person, the fee or fees due for the enforcement stage (or, where regulation 6 applies, the first, or first and second, enforcement stages as appropriate) and any disbursements related to that stage (or stages) are not recoverable unless the enforcement agent has, before proceeding to remove goods which have been taken into control, given the debtor an adequate opportunity to get assistance and advice in relation to the exercise of the enforcement power.
10(1) The enforcement agent may not take control of goods of the debtor where;Taking Control of Goods Regulations 2013
The debtor is a child or;
A child or a vulnerable person (whether more than one or a combination of both) is the only person present in the relevant or specified premises in which the goods are located or;
The goods are also premises in which a child or vulnerable person (whether more than one or a combination of both) is the only person present.
Para 16. Should a debtor be identified as vulnerable, creditors should be prepared to take control of the case, at any time, if necessary
Para 30. Where enforcement agents have identified vulnerable debtors or situations, they should alert the creditor and ensure they act in accordance with all relevant legislation.Taking Control of Goods: National Standards 2014
Para 39. Enforcement agencies must ensure that legislation restricting the enforcement activity to enforcement agents is complied with and the corresponding legislation is : The Tribunals Courts and Enforcement Act 2007, Schedule 12Taking Control of Goods: National Standards 2014
Para 42. Enforcement agents should be trained to recognise vulnerable debtors, to alert creditors where they have identified such debtors and then withdraw from such a situation.Taking Control of Goods: National Standards 2014