Bailiff Fee Disputes - Detailed Assessments

Bailiffs may only charge debtors fees and disbursements if they use the Schedule 12 enforcement procedures.^[1][2] Otherwise, debtors may dispute them by applying for a detailed assessment,^[3] or reclaiming them in the small claims track.^[4]

Bailiff companies charge high storage fees after towing a vehicle, then use it as a property to get a money transfer without a contract between the driver and the vehicle compound. Sometimes the fees are £48 a day and may be a form of extortion.^[5]

You may recover storage fees in a small claims track because detailed assessment rules do not provide for disputes about storage fees which have not been paid by the bailiff.

If you have been charged VAT on fees or disbursements, the VAT may be recovered because debtors are not liable for VAT on on the enforcement agency's output tax.^[6][7][8]

To raise a dispute about bailiff fees, ask the bailiff company for a written explanation of their fees. If you disagree with them, apply to the court for a detailed assessment under CPR 84.16^[9] and you can ask the court for your costs^[10] or be paid to represent yourself.^[11][12]

The grounds you can raise in a detailed assessment fees dispute are:

Fees or Disbursements taken (except money taken by a vehicle compound)^[13]

Fees and Disbursements charged or taken after the debt was paid^[14]

Enforcement stage fees charged or taken from vulnerable debtors^[15]

Multiplying the Enforcement Stage fees by the number of enforcement powers^[16]

Incorrect calculation of percentages on the enforcement stage and sale stage fees^[17]

Reclaiming car storage fees after collecting your car

All disputes about fees or disbursements taken at a vehicle compound are recovered in the small claims track.^[18]

Always put the defendant bailiff company on strict proof they paid (were disbursed) the storage fees. Ask the court the bailiff company must show evidence the flow of money (disbursement) giving rise to the disbursements claimed for storing your car, otherwise, have the bailiffs disbursements treated as hearsay.^[19]

^{[1] Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014
[2] Regulation 17(1) of the Taking Control of Goods (Fees) Regulations 2014
[3] Civil Procedure Rule 84.16
[4] Part 27 of the Civil Procedure Rules
[5] Section 21 of the Theft Act 1968
[6] HMRC internal manual VBNB41720
[7] VAT on High Court Fees, episode 79, John Kruse 30 November 2019
[8] Davenport v Christine Edgoose and Direct Collection Bailiffs Ltd, EWHC 6 July 2020
[9] Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014
[10] Civil Procedure Rule 44.2
[11] Civil Procedure Rule 46.5
[12] Practice Direction 46.5 Rule 3.1
[13] Civil Procedure Rule 84.16(3)(a)
[14] Civil Procedure Rule 84.16(3)(b)
[15] Civil Procedure Rule 84.16(3)(c)
[16] Civil Procedure Rule 84.16(3)(d)
[17] Civil Procedure Rule 84.16(3)(e)
[18] Part 27 Civil Procedure Rules
[19] Civil Procedure Rule 33.1}