I paid the debt directly to the council. Can bailiffs take goods to pay their fee?

When the Amount Outstanding^[1] has been paid to the council, the enforcement power ceases to be exercisable.^[2]

Bailiffs must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.^[3]

When the amount outstanding has been paid to the council, the bailiff must be given notice, otherwise he is not liable if he takes an enforcement step.^[4][5]

The Amount Outstanding is:^[1]

The amount of the debt which remains unpaid, and

Any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).

Paragraph 62 Costs are:^[6]

Amounts in respect of costs of enforcement-related services.

Enforcement Related Services are:^[7]

Anything done under or in connection with an enforcement power, or in connection with obtaining an enforcement power, or any services used for the purposes of a provision of this Schedule or regulations under it.

Regulations do not provide for fees to be included in the costs, or the Amount Outstanding.

Bailiff companies publish misleading advice on the internet purporting that the enforcement power continues after the amount outstanding has been paid. They arrange for that advice to be published by third parties stating that the creditor will give the amount outstanding to the bailiff company to apportion their fees, then returning the balance.^[8]

Nothing in the enforcement regulations,^[9] or the enforcement fees regulations^[10] provides for the revival of an enforcement power in this way.

They are trying to protect the commercial interests of the bailiff company.

If a bailiff takes control of your goods to recover a fee, or makes a written, or video-recorded threat, then using the bailiffs document or video, together with evidence of the flow of money proving the Amount Outstanding was paid to the creditor before the threat was made, apply for a detailed assessment.^[11]

^{[1] Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

[2] Paragraph 6(1)(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

[3] Paragraph 31 of the Taking Control of Goods: National Standards 2014, April 2014

[4] Paragraph 59(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

[5] See Giving the bailiff a Paragraph 59 Notice

[6] Paragraph 62 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

[7] Paragraph 62(5) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

[8] Example misinformation See post #2 and posts #11-16 Consumer Action Group forums

[9] The Taking Control of Goods Regulations 2013

[10] The Taking Control of Goods (Fees) Regulations 2014

[11] See Applying for a detailed assessment.}