Can a bailiff demand payment of compliance & enforcement fee if original debt has been paid?


Yes

But the bailiff might not have an enforcement power to take control of goods to recover those fees.

If the bailiff had not taken control of goods using any of the statutory methods provided,[1] then the bailiff has not paid any costs (disbursements) in taking or selling or storing the debtors goods.[2][3]

When the Amount Outstanding is paid,[4] the enforcement power ceases to be exercisable.[5]

The Amount Outstanding, is the debt that remains unpaid plus any amounts recoverable from the proceeds of sale of controlled goods.[4]

The bailiff is not liable if he takes an enforcement step, unless he has been given notice that the amount outstanding has been paid.[5][6][7]

"Proceeds" are the proceeds of sale or disposal of controlled goods, or money taken in exercise of the power.[8]

Bailiffs companies in their legal argument, try to maintain that the legal definition of "proceeds", also means any money paid directly to the creditor after the bailiff has been instructed. Bailiffs argue they can avail themselves to their fees by apportioning them out of money paid directly to a creditor using regulations that applies to the proceeds of enforcement, or money taken in Exercise of the power.[9]



[1] Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Paragraph 62 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[3] Regulation 8 of the Taking Control of Goods (Fees) Regulations 2014
[4] Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[5] Paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[6] Paragraph 59(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[7] See Bailiff is pestering you for his fees
[8] Paragraph 50(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[9] Regulation 13 of the Taking Control of Goods (Fees) Regulations 2014