Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Date: 22-08-2008
Mind, the mental health charity, launched the ‘In the red: debt and mental health’ campaign in May 2008 with a survey of over 1,800 people with experience of mental distress. Our new research demonstrates the circular relationship that exists between debt and mental health problems – that being in debt can negatively affect a person's mental health, while living with a mental health problem increases the likelihood of falling into debt. For example a person experiencing depression may have been unable to confront their debt and bipolar disorder can cause people to spend extravagantly during a high phase.
We found that:
· people with mental health problems are almost three times more likely to be in debt
· 87% borrow or rely on credit to pay for food and everyday costs
· 70% had been unable to pay a bill at the final reminder in the past 12 months
What was the response from creditors?
During the debt recovery process creditors often threaten or use legal action but for our research participants the fear of legal action had a significant and negative impact on their mental health. This had led to depression, withdrawal from society and, in some cases, suicidal thoughts.
However, more than two thirds of people with problem debt did not tell creditors about their mental health problems, because they feared they would not be believed, understood, or because it would not make any difference to how their debt was handled. And they may well be right. Of those who did tell creditors:
83% were still harassed by creditors
· 79% felt their mental health problems were not taken into account when a decision was made about their financial difficulties
· 74% felt they were treated unsympathetically and insensitively by staff How do we overcome these challenges?
Members of the CSA have an important role to play in ensuring their procedures and practices do not cause additional distress to people with mental health problems. Mind is extremely pleased that the CSA was the first organisation to adopt the Money Advice Liaison Group’s (MALG) Good practice guidelines on debt management and debt collection in relation to people with mental health problems.
The MALG guidelines – written by a coalition which included the BBA, the CSA, mental health experts and debt experts – proposed a much greater focus on responding to the needs of the estimated one in four people who will experience mental health problems in their lifetime. These include having procedures in place to be responsive to their needs, for example establishing whether the mental health problem will impact on a person’s ability to repay, and using the mode of communication that the person would prefer.
The majority of the procedures are not complicated – they simply ensure that many of the interactions that creditors have with their customers are supportive and will lead to the best outcomes for all involved. CSA members now need to focus on building the MALG guidelines firmlyinto their policies and procedures for the future.
For more information contact Emma Mamo, Campaigns Officer at Mind on 020 8215 2205 or e.mamo@mind.org.uk
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'The pen is mightier than the sword'. Petition to Outlaw Debt Sale and Purchase
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