The impact of bailiff operations on mental health: how to protect yourself

Dealing with bailiff operations is one of the most stressful situations many of us will face, but there are steps you can take to help protect your mental health. Check out our guide to learn more

Struggling with your finances and failing behind with your debt repayments can take a toll on your mental health – and expecting a visit from the bailiffs can make it even worse. In fact, not only can debt impact your mental health, but experiencing mental health difficulties can also affect your ability to manage your money in the first place.

If this sounds familiar, you’re not alone: 50% of adults in debt also struggle with their mental health. A recent survey conducted among clients of the debt charity StepChange found that 57% of those contacted by a bailiff suffer from depression and 66% experience stress or anxiety.

The silver lining is that there are steps you can take to protect your mental health, even if you’re expecting a bailiff visit. Read on to find out more:

Know your rights  

One of the best things you can do to minimise the stress and anxiety of a bailiff visit is to know your rights. Take time to understand that different types of bailiffs as well as how to tell whether someone is a bailiff or a private debt collector. Each has different powers; a debt collector, for example, has no right to enter your home and must leave your property if you ask them.

Typically, you don’t have to let bailiffs inside either and they can only force entry if certain conditions have been met. A bailiff visit can be upsetting, especially if you’re home alone, but don’t be afraid to request proof of ID from the bailiff and ask to communicate with them through a window or the letterbox rather than opening the door.

Speak to your creditors and the bailiffs

While building the mental energy to take steps to resolve your debt or speak to your creditors on the phone isn’t always easy, having a conversation with them and the bailiffs can be helpful. There is legislation in place to protect borrowers who are experiencing mental health difficulties and creditors should be proactively trying to identify people who need extra support.

By having an open conversation with your creditors and explaining the toll that bailiff action is taking on your mental health, you may be able to work with them to find a solution that works for both parties. Options might include setting up a new repayment plan or, in some cases, a reduction in the total amount payable.

Obtain proof of vulnerability

If you have a pre-existing mental health condition or have recently been through a stressful situation, you could be classes as a vulnerable person. Creditors can consider vulnerabilities to include having a disability, a serious illness, mental health problems, being pregnant, or having experienced a bereavement or job redundancy. You can give your creditors and the bailiffs a call to let them know that you’re vulnerable, just make sure to keep notes on when you called, who you spoke to, and what you told them. Once the bailiffs are aware of your status, they shouldn’t try to enter your home if you’re there alone and should also give you more time to respond to any letters or demands.

You don’t have to make the phone call yourself; ask a trusted friend or family member to call on your behalf and explain the situation if that is the best option for you. If your creditors or the bailiff don’t take your vulnerability seriously, you may be entitled to lodge a complaint. Keep in mind that you may need to show evidence of your vulnerability such as a doctor’s note or a benefits statement.

 Speak to friends and family

Trying to deal with a bailiff visit alone could increase your stress and confiding in your friends and family could help improve your mental health. You might find that they’re happy to step in and manage communications between you and your creditors, come and stay in your house to provide moral support on the date that the bailiff is due to visit, or simply offer a sympathetic ear. If you don’t have the mental energy to tackle your debts, those close to you could offer the encouragement you need.

Apply for breathing space

Breathing Space is a government-backed debt respite programme that can give you time to find a debt management solution if you’re struggling with debts and facing bailiff operations. It’s not a payment holiday and you’ll need to keep paying your debts, but it will give you up to 60 days free from any additional interest, fees, or court action, including bailiff visits. If you live in England and Wales and have at least one eligible debt, you can apply to enter Breathing Space once in any 12-month period. Mental Health Breathing Space is also available for those in crisis.

Seek debt advice

Whether you’ve just started to fall behind with your debt repayments or have already received a letter of notification from the bailiffs, seeking independent debt advice could help. There are several charities that specialise in problem debt including StepChange, National Debtline, and Citizens Advice. However, working with a professional debt expert could help you quickly identify the debt management solution that’s right for you and your circumstances. They can take time to understand your situation, speak to your creditors on your behalf, and explain the options available, whether it’s entering an Individual Voluntary Arrangement (IVA) or negotiating an informal debt management plan.

Looking to find impartial bailiff advice? Our team of experts is here to help. Give us a call on 0161 660 7255 or send a message here