Bailiffs and Card Processing Fees

The law says what fees and charges bailiffs may recover from debtors.^[1]

Traders may not charge for a given means of payment beyond the cost borne by the trader for the use of that means.^[2]

Bailiffs are not traders in a contract with debtors, and therefore, may not make any charge for a means of payment.^[3]

When a bailiff is recovering an unpaid magistrates court fine and makes an improper charge, is liable on summary conviction to a fine not exceeding level 1 on the standard scale.^[4]

Bailiffs may recover "disbursements" limited to storing goods,^[5] entering commercial premises^[6] and court fees.^[7]

If a bailiff charges a fee for a means of payment, the debtor may apply for a detailed assessment^[8][9] and the applicant can apply for his legal costs on the indemnity basis^[10] provided the applicant tries to resolve the dispute before making the application.^[11]

Start by giving the bailiff company a Notice of Claim which must include the means to pay the disputed money according to a deadline.

If the claim amount is under £50, make a chargeback instead.^[12]

Template: Letter of Claim.^[13]

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] The Schedule of the Taking Control of Goods (Fees) Regulations 2014
[2] Regulation 4 of the Consumer Rights (Payment Surcharges) Regulations 2012
[3] Regulation 5(1) of the Consumer Rights (Payment Surcharges) Regulations 2012
[4] Section 78(5) of the Magistrates’ Courts Act 1980
[5] Regulation 8(2)(a) of the Taking Control of Goods (Fees) Regulations 2014
[6] Regulation 8(2)(b) of the Taking Control of Goods (Fees) Regulations 2014
[7] Regulation 8(2)(c) of the Taking Control of Goods (Fees) Regulations 2014
[8] Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014
[9] Civil Procedure Rule 84.16(1)
[10] Civil Procedure Rule 44.3(1)(b)
[11] Civil Procedure Rule 44.4(3)(a)(ii)
[12] See Chargeback
[13] Rule 6, Practice Direction – Pre-Action Conduct And Protocols}