Help With Debt

Supporting Vulnerable People

Vulnerability and how to respond to vulnerable people are embedded in every part of the enforcement business, from contact centre operators to enforcement agents in the field. The debt advice sector has worked closely with CIVEA members to provide training on how to identify and support vulnerable people. All CIVEA members have either a welfare team or a dedicated individual responsible for managing cases where individuals are identified as potentially vulnerable. These specialists are trained in the use of management tools such as TEXAS and IDEA and are empowered to make decisions about additional support needs.

Most people in financial difficulties do not address their situation until it becomes unmanageable and, for many reasons, refuse to engage with the courts and local authorities despite being given numerous opportunities to do so. Enforcement agents, who are well trained and are skilled at identifying vulnerability, provide an invaluable service to local authorities, not just in terms of collection. They are often the first people able to engage with vulnerable people and obtain relevant information to feed back to the local authority.

Enforcement firms use in depth analytics early in the Compliance Stage to decide on appropriate action and combine this with first-hand observations by agents in the field. This allows the agent to have a complete picture from letter to visit. This is unique in debt collection and enables a debt management approach that supports an individual through the process. Given the distinct nature of public debt collection, such as the restriction on the time available to recover outstanding debt, this is an essential element of the debt management process.

It is in no-one's interest to add to the challenges of those who are genuinely vulnerable. By their nature, enforcement visits can be stressful. Enforcement agents are engaging with people at their homes and they face the possibility of enforcement action and the removal of goods. We acknowledge that the conduct of enforcement agents in this situation has the potential to put an individual in a vulnerable position.

Enforcement agents are trained to identify vulnerable circumstances and make a judgment whether those circumstances prevent the individual making an informed and competent decision. For example, the Taking Control of Goods Regulations protect an individual from entering into a Controlled Goods Agreement where they appear not to understand the implications. Part 14 (2) states:

“The enforcement agent may not enter into a controlled goods agreement with the debtor or another person who it appears (or ought to appear) to the enforcement agent does not understand the effect of, and would therefore not be capable of entering into such an agreement.”

CIVEA members provide additional assurance to third parties who may choose to pay another person’s debt. A family member or other third party should not be pressured into paying on behalf of a debtor, although a voluntary payment can be accepted where this avoid goods being seized or removed.

In any circumstances an enforcement agent is entitled to ask for evidence of vulnerability. This may be a doctor’s note explaining any illness or disability; a letter from the benefits office or social services; a council tax bill showing the adult occupants of a home. Clearly, there may be situations where this is not appropriate. Ultimately, it is at the discretion of the local authority or courts whether an agent should be instructed to continue with an enforcement action.

To assist authorities in identifying vulnerability, CIVEA members have designed bespoke training for frontline staff on vulnerability in relation to enforcement activity.