Vulnerable Person Template
Your Ref.
DATE
Dear
RE : ____________________
I am writing to inform you that I am classed as vulnerable according to paragraph 77 of the Taking Control of Goods: National Standards 2014, I am classed a vulnerable for the following reason
[IN HERE YOU PUT FULL DETAILS OF WHY YOU ARE VULNERBLE WITH THE DETAILS OF ANY ILLNESS, MEDICATION, TREATMENT, CLINICS ETC]
Regulation 10(1) of the Taking Control of Goods Regulations 2013 states:-
10. (1) The enforcement agent may not take control of goods of the debtor where
(a) the debtor is a child;
(b )a child or 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
(c) 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.
Paragraphs 16 and 30 of the Taking Control of Goods: National Standards 2014 states:-
16. Should a debtor be identified as vulnerable, creditors should be prepared to take control of the case, at any time, if necessary
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.
Paragraph 39 of the Taking Control of Goods: National Standards 2014 states 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 12
Paragraph 42 of the Taking Control of Goods: National Standards 2014 also states that Enforcement agents should be trained to recognise vulnerable debtors, to alert creditors where they have identified such debtors and when to withdraw from such a situation.
Paragraphs 70 to 78 of the Taking Control of Goods: National Standards 2014 says enforcement agents must withdraw from the property.
This letter serves to notify both Creditor and Enforcement Company that I am a vulnerable debtor and I am placing the creditor on notice in accordance with paragraph 30 of the Taking Control of Goods: National Standards 2014 and Paragraph 16 says the creditor/council MUST be prepared to take control of the case.
In view of the above please do not pass me on to the Welfare Department as you have now been informed that I am a vulnerable and should return the debt to the Creditor.
Failure to return the debt, or an attempt to set up a repayment plan with the Enforcement Company will be seen as a delaying tactic not to deal with me as a vulnerable person but a tactic used to avoid the return of the debt to ensure payment of Enforcement Fees. This is futile as no fees will be collected from me.
I do not anticipate any change in circumstances in the foreseeable future and should be grateful if you would acknowledge this situation.
Any further enforcement action will be classed as harassment.
This letter is being sent to both Creditor and Enforcement Company so that both are aware of my vulnerability and as a reminder that according to Paragraph 7 of the Taking Control of Goods: National Standards 2014 they are responsible for any enforcement agents acting on there behalf.
Please confirm that all enforcement action against me has now ceased and that my account is passed back to the Creditor in order that I may deal with them directly.
Your sincerely
[YOUR NAME]