Bailiff Action Is Damaging Your Health

If the threat of enforcement action or a potential doorstep confrontation is severely affecting your mental health, you can request your doctor to complete a Debt And Mental Health Evidence Form (DMHEF) from the Money Advice Trust.

This form allows you to ask the council or creditor to consider alternative methods for paying your debt.

Next, engage a debt management professional to mediate the debt on your behalf. If a bailiff continues to harass or pester you while repayments are being arranged, and your doctor confirms that your health is at risk, you can apply for an injunction on the grounds of potential harm to your health. Your doctor may need to provide a supporting statement.

You may already qualify as a vulnerable person for civil enforcement purposes.

If your doctor diagnoses you with a mental impairment, you fall under the definition provided in section 1(1) of the Disability Discrimination Act 1995, which states:

(1) Subject to the provisions of Schedule 1, a person has a disability for this Act and Part III of the 2005 Order if they have a physical or mental impairment which substantially and long-term affects their ability to carry out normal day-to-day activities.

Procedure: Inform the bailiff company, the bailiff, and the council (or creditor) about the detrimental impact on your health due to the threat of confrontation with bailiffs. Explain how the council could act to mitigate this impact and outline the consequences if it fails to comply.

If the bailiff persists in harassing or pestering you, apply for an injunction under section 25 of the Disability Discrimination Act 1995, supported by a witness statement that includes a statement from your doctor.