Apply to stay the writ of control and vary the judgment

If you want more time to pay the judgment and don't want to pay the enforcement fees and charges, then apply to stay the writ and vary the judgment.^[1][2]

When the court grants your application, the enforcement power ceases to be exercisable^[3] and the bailiffs fees and charges are a nullity.^[4][5]

If the bailiff has already taken the fees and charges, you may recover them by applying for a detailed assessment.^[6]

Complete a means enquiry form^[7] and apply at the High Court.

If the court is satisfied you cannot pay the money, it may order a stay of execution,^[8] in other words, stop the bailiff action, and vary the judgment to be paid in instalments in any manner it thinks fit.^[9]

The High Court master may require you to serve a copy of the order on the bailiff company.

If you do not keep to the schedule of instalments, the court may direct the stay to be automatically lifted and the enforcement fees are revived.

If a bailiff company demands their fees after a stay order is made, then apply for a detailed assessment.^[10][11] You can apply for your costs on the indemnity basis,^[12] or if you are representing yourself in person, you can apply for your costs at £19 an hour plus your expenses.^[13][14]

Do not attempt to negotiate a repayment schedule with a bailiff company, they will add their fees to the amount you owe. When an enforcement power ceases to be exercisable and the bailiff fees are a nullity.^[4]

^{[1] Civil Procedure Rule 83.7(3)
[2] Civil Procedure Rule 23.10
[3] Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[4] Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014
[5] Regulation 17(1) of the Taking Control of Goods (Fees) Regulations 2014
[6] Civil Procedure Rule 84.16
[7] N245 Download
[8] Civil Procedure Rule 83.7(4)(b)
[9] Civil Procedure Rule 83.7(4)
[10] Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014
[11] Civil Procedure Rule 84.16
[12] Civil Procedure Rule 44.3
[13] Civil Procedure Rule 46.5
[14] Practice Direction 46.5 Rule 3.1}