Disputes over bailiffs fees are resolved with a detailed assessment hearing.[1]
Bailiffs may only recover fees from the debtor when he uses the Schedule 12 procedure,[2] and only while the enforcement power is exercisable.[3]
The statutory fees are separated into stages, and for the enforcement of High Court writs, they are as follows:[4]
Compliance stage: £75.00
When the bailiff is instructed.[5]
First enforcement stage: £190
First enforcement stage percentage fee to be recovered exceeding £1000: 7.5%
When the bailiff makes a controlled Goods Agreement.[6]
Second enforcement stage: £495
When the bailiff does not make a controlled goods agreement, or the debtor breaches the controlled goods agreement.[7]
Sale or disposal stage: £525
Sale or disposal stage percentage fee to be recovered exceeding £1000: 7.5%
When the bailiff starts removing controlled goods.[8]
Send the bailiff company an email asking for a 'statement of account', then check the arithmetic.
If you are overcharged, or the bailiff company charged VAT on their fees,[9][10] then apply for a detailed assessment hearing.[1][11]
[1] Civil Procedure Rule 84.16
[2] Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014
[3] Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014
[4] Table 2 of the Schedule of the Taking Control of Goods (Fees) Regulations 2014
[5] Regulation 6(1)(a) of the Taking Control of Goods (Fees) Regulations 2014
[6] Regulation 6(1)(b) of the Taking Control of Goods (Fees) Regulations 2014
[7] Regulation 6(1)(c) of the Taking Control of Goods (Fees) Regulations 2014
[8] Regulation 6(1)(d) of the Taking Control of Goods (Fees) Regulations 2014
[9] VAT on bailiffs fees not recoverable from debtors: Master Fontaine in Davenport vs Edgoose, 6 July 2020 EWHC
[10] See: HMRC Internal Manual
[11] See: Apply for a detailed assessment hearing
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