When the Amount Outstanding[1] is paid, the enforcement power ends,[2] but the bailiff must be given notice, otherwise he is not liable.[3]
The Amount Outstanding is the sum of the unpaid debt on the enforcement power[4] and any amounts recoverable from proceeds of controlled goods sold at auction.[5][6]
When bailiffs do not take control of goods using any of the four prescribed methods,[7] there are no proceeds of controlled goods sold at auction, leaving only the unpaid debt specified on the enforcement power as the Amount Outstanding.
When you pay the Amount Outstanding, the bailiff may no longer take control of goods, however he may pester you by loitering near your property,[8] or threatening you,[9] both of which commit an offence.
If a bailiff without an enforcement power is causing you alarm or distress, you may apply for an injunction.[10]
The enforcement regulations do not revoke the fees when the Amount Outstanding is paid, it only says the enforcement power ends, and bailiffs must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable,[11] including the Amount Outstanding being paid by someone other than the debtor.[12]
The bailiff may not recover fees or disbursements from the debtor in relation to any stage of enforcement undertaken when the relevant enforcement power has ceased to be exercisable.[13]
Tell the bailiff the Amount Outstanding has been paid, and the enforcement power has ended.
Template Letter.[3]
Send the letter to the bailiff company and get a certificate of posting from the post office.
Give a copy of the letter to the bailiff company by email and make a screenshot of the sent email capturing the time you gave it.
Send a copy of the letter by text message to the bailiff to his mobile and make a screenshot of the sent text message to record the time you gave it.
Keep all screenshots for your file.
[1] Paragraph 50(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[2] Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[3] Paragraph 59(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[4] Paragraph 50(3)(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[5] Paragraph 50(3)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[6] Paragraph 62 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[7] Paragraph 13(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[8] Section 4A of the Protection from Harassment Act 1997
[9] Section 21 of the Theft Act 1968
[10] Section 3 of the Protection from Harassment Act 1997
[11] Paragraph 31 of the Taking Control of Goods: National Standards, April 2014
[12] Regulation 17(2) of The Taking Control of Goods (Fees) Regulations 2014
[13] Regulation 17(1) of The Taking Control of Goods (Fees) Regulations 2014
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