Pay the creditor, bypass the bailiff

If you pay the amount outstanding directly to the creditor, the enforcement power ceases to be exercisable^[1] and the bailiff may not recover their fees and charges.^[2][3]

You may get an angry bailiff threatening action demanding you pay his fees. Using his demand, you can apply for a detailed assessment^[4] and you can ask the court that the bailiff company pays your legal costs.^[5]

The 'amount outstanding' is the unpaid debt^[6] together with any amounts recoverable out of proceeds of enforcement.^[7]

Enforcement means: taking control of goods and selling them to recover a sum of money.^[8]

If the bailiff has not taken control of any goods using any of the prescribed methods^[9] then he has done no enforcement, thus, there is no sum recoverable out of proceeds, leaving only the unpaid debt as the amount outstanding.

When you pay the creditor, make a copy of the flow of money, or take photographs of the cheque, the addressed envelope that will contain it, and get a certificate of posting from the Post Office. Do not use recorded delivery.

You must give the bailiff or his office, a notice telling him you paid the amount outstanding in full, otherwise the bailiff or his office is not liable if he takes a further enforcement step.^[10]

Template Notice to Bailiff.^[10]

Send this notice to the bailiff company by email, and by text message to the bailiff.

Make a screenshot of the sent email recording the time you sent it and make a screenshot of the sent text message.

If the bailiff threatens to take an enforcement step or makes a demand for his fees, you can apply for a detailed assessment.^[11]

If the bailiff takes control of your car or other goods after the enforcement power has ended, you can recover them by bringing an action together with your damages.^[12]

^{[1] Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[2] Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014
[3] Regulation 17(1) of the Taking Control of Goods (Fees) Regulations 2014
[4] Civil Procedure Rule 84.16
[5] Civil Procedure 44.2
[6] Paragraph 50(3)(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[7] Paragraph 50(3)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[8] Section 62(1) of the Tribunals Courts and Enforcement Act 2007
[9] Paragraph 13(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2013
[10] Paragraph 59(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[11] Civil Procedure Rule 84.16
[12] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007}