Vulnerable debtors

There are significant legal requirements which enforcement agents must follow, including compliance with the Mental Health Capacity Act 2005, Equality Act 2010, Data Protection Act 2018, Tribunals, Courts & Enforcement Act 2007, European Convention on Human Rights (Article 14) and the Taking Control of Goods: National Standards 2014.

Process

Enforcement agents and creditors must recognise they have a key role in ensuring that vulnerable debtors are protected. The enforcement process should always include suitable procedures agreed between the agency and creditor about how these instances should be dealt with.

Agency staff must be able to identify the signs of vulnerability and the triggers, such as conversational and payment behaviour, which might indicate vulnerability and be trained to risk assess the potential effect of enforcement on the vulnerable.

Claims of vulnerability can be received from the debtor or their representative during compliance or enforcement and, where appropriate, should be supported by evidence from a qualified health professional. We recommend using the Debt & Mental Health Evidence and Mental Health Consent forms for claims of that nature to make the process as easy and accessible as possible.

On some occasions, vulnerability is immediately obvious (such as language barriers) and accordingly does not require further evidence. Enforcement action should be placed on hold pending the outcome of any vulnerability claim and the creditor notified of the situation.

National Standards state that enforcement agents do not always have to withdraw from enforcement but should provide sufficient time for the debtor to access relevant advice and information.

Appropriate discretion is essential in every case not only to protect potentially vulnerable individuals but also the enforcement agent and the creditor.

Appropriate training

All enforcement agents and back office support staff should undertake appropriate training to be able to identify and support vulnerable debtors and Excel is at the forefront of developing and delivering meaningful training, qualifications, policy and practice to address these important issues.

Excel has developed several related qualifications including a level 2 in Understanding Mental Health, a level 3 in Vulnerability & Mental Health Awareness as well as Quality Marked workshops covering vulnerability, mental health and modern slavery & human trafficking.

All Excel’s staff receive comprehensive training to ensure they understand vulnerability, are able to identify and assess potentially vulnerable individuals and can act accordingly and appropriately to mitigate any detrimental impacts.