re Disabled defendant and costs enforcement?

[CPR007]

I am a disabled defendant and the courts have allocated substantial costs against me of which I have to pay. I became a carer for my disabled parents in 2019 and have no income as such only a basic part time income to support my daily living. I own no assets, car property yet the courts suggested further to my offer in a costs application hearing that I will be pursued for these costs by enforcement etc. I have explained that I am vunerable and that my parents are also that and old of age. I am aware now that further to the Equality and Diversity Act 2010 that enforcement cannot be made against the vunerable, unemployed or elderly? Is it the case and can I bring any future action against those involved with the enforcment if they fail to heed my complaints in this respect and not acknowledge my disabilty.

[CPR007]

Interesting that nobody has commented says it all

[atticus]

I have not previously replied as this is not my specialist subject by any means.

However, I cannot find in the Equality Act 2010 any provision of the type you describe.

[islandgirl]

Not my area either but I believe they can TRY to enforce. If you have no assets they will not get far. You will have a struggle to convince them before they go away though.

[dslippy]

I am unable to find the provision you refer to.

[Dougdoug]

Bailiffs can not force there way into your home. You do not have to open the door to them. Talk to the scum through an open window.
If you can film the proceedings do it. They don't like being filmed. They have to behave.
I believe they cannot come to your home after 9pm or before 6am.
Ask the tykes for proof of the debt.

[CPR007]

Thanks guys my wife has CCTV everywhere including within the property, I think it is the UN convention etc The Equality Act 2010 and the United Nations (UN) Convention on disability rights help to enforce, protect and promote your rights.

You’re legally protected from discrimination by the Equality Act 2010.

If a person is vulnerable the enforcement regulations provide some protection from bailiff action but this is only possible if the bailiff/enforcement company are aware of the vulnerability at the earliest possible stage https://bailiffadviceonline.co.uk/ne...-vulnerability
How bailiffs should treat you if you're vulnerable

This advice applies to England
You should tell the bailiffs (also called ‘enforcement agents’) as soon as you can if you’re in a situation that makes it hard for you to deal with them. They could class you as ‘vulnerable’.
If you’re vulnerable bailiffs have to treat you with greater care, including giving you more time to respond to letters or demands. They also shouldn’t enter your home if you’re the only person there.

[CPR007]

Further protection for vulnerable debtors is provided under Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014.

[CPR007]

https://nationalbailiffadvice.uk/Bai...le-People.html

[CPR007]

Official Guidelines setting out the classes of vulnerable people:

Paragraph 77 of the 2014 TCGNS states:
i) the elderly;

ii) people with a disability;

iii) the seriously ill;

v) single parent families;

vi) pregnant women;

vii) unemployed people; and,

viii) those who have obvious difficulty in understanding, speaking or reading English.

[CPR007]

The 2014 TCGNS further state:
70. Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation. Therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern.

73. Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.

74. A debtor may be considered vulnerable if, for reasons of age, health or disability they are unable to safeguard their personal welfare or the personal welfare of other members of the household

75. The enforcement agent must be sure that the debtor or the person to whom they are entering into a controlled goods agreement understands the agreement and the consequences if the agreement is not complied with.

76. Enforcement agents should be aware that vulnerability may not be immediately obvious.

[CPR007]

Further to this post Marstons Illegally enforced a writ of control on a disabled person. The action was suspended further to evidence being supplied. The action is now with their welfare department.

[Angel11]

I am a severely disabled female and entered a car park above a Wilkos store 4 years ago. My daughter was with me as I was in my wheelchair and put my blue badge on the dash. By the way, all Smart Parking machines for anyone else parking had been dismantled and no one could obtain tickets anyway!
I have 3 hrs parking on my blue badge anyway.
4 years later, I receive a parking charge from smart parking.
I wrote explaining my circumstances twice. Both times they ignored my letters.
I then get a Northampton County court letter. I wrote again. Once aga, no reply!
I then get a letter demanding money, so called fine for over £300 saying charges had been added by CST Law! Plus telling me it had already gone through court.
I wrote again to CST Law telling them all of the above and I'm Disabled and this is a true case if Disability Discrimination and ignoring my letters, plus giving me absolutely no chance to appeal.
They've now registered a CCJ against me and CST law have written back demanding the money and stating that everything I have said is void, as far as their client concerned and furthermore, its not a Disability Discrimination case! I even sent a photocopy of my blue badge twice.
I am a vulnerable female living alone and this has now caused me grave distress and affected my mental health.
I'm retired and can hardly afford to luve as it is on the small income I receive and my rent etc increased.

Please can someone help me or advise me of what my legal rights are, if any.

Also, I'm living in fear now that they will send bailiffs. Its scary and I'm frightened every day now.

If they demand I pay, what is the smallest amount per month can I propose as it will cause me financial hardship and criseis?

[islandgirl]

Angel11 please start your own new thread - this will be missed in this position and it is unlikely you will get a reply