Your paid the debt, the bailiff is pestering you for fees

When the amount outstanding has been paid direct to the creditor, the enforcement power ceases to have effect.

But - you must give notice to the bailiff when you have paid the creditor.

 

 

 

When enforcement ceases

Paragraph 6 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;

6(1)For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph

(2)The property in any goods ceases to be bound

(a)when the goods are sold;

(b)in the case of money used to pay any of the amount outstanding, when it is used.

(3)The property in all goods ceases to be bound when any of these happens—

(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

(b)the instrument under which the power is exercisable ceases to have effect;

(c)the power ceases to be exercisable for any other reason.

 

 

 

Amount Outstanding

The "amount outstanding" is defined in paragraph 50(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which states;

50(1)Proceeds from the exercise of an enforcement power must be used to pay the amount outstanding.
(2)Proceeds are any of these—

(a)proceeds of sale or disposal of controlled goods;

(b)money taken in exercise of the power, if paragraph 37(1) does not apply to it.

(3)The amount outstanding is the sum of these

(a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);

(b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).

 

 

 

"Proceeds" of enforcement

"Proceeds" is defined in paragraph 50(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which states;

50(1)Proceeds from the exercise of an enforcement power must be used to pay the amount outstanding.

(2)Proceeds are any of these

(a)proceeds of sale or disposal of controlled goods;

(b)money taken in exercise of the power, if paragraph 37(1) does not apply to it.

(3)The amount outstanding is the sum of these—

(a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);

(b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).

 

Paragraph 37 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;

37(1)An enforcement agent must sell or dispose of controlled goods for the best price that can reasonably be obtained in accordance with this Schedule.


(2)That does not apply to money that can be used for paying any of the outstanding amount, unless the best price is more than its value if used in that way.

 

 

 

Recovering unpaid fees

Guideline 31 of the Taking Control of Goods: National Standards 2014 says:

Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.

 

 

Provided the bailiff has not taken control of any goods, there are no "proceeds".

For the avoidance of doubt, a bailiff may only take control of goods by following one of the four steps prescribed in paragraph 13(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which states;

 

13(1)To take control of goods an enforcement agent must do one of the following

(a)secure the goods on the premises on which he finds them;

(b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

(c)remove them and secure them elsewhere;

(d)enter into a controlled goods agreement with the debtor.

 

Without any of the above steps taken, there are no proceeds. The Amount outstanding is therefore the amount of the debt which remains unpaid.

 

 

 

 

When paying the debt, you MUST give the bailiff notice:

Otherwise he can take an enforcement step without being liable for damages.

 

Paragraph 59 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;

(1)This paragraph applies if a further step is taken despite paragraph 58(3).

(2)The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.

(3)Sub-paragraph (2) applies to a related party as to the enforcement agent.

(4)If the step taken is sale of any of the goods the purchaser acquires good title unless, at the time of sale, he or the enforcement agent had notice that the amount outstanding had been paid in full.

(5)A person has notice that the amount outstanding has been paid in full if he would have found it out if he had made reasonable enquiries.

(6)Sub-paragraphs (2) to (4) do not affect any right of the debtor or a co-owner to a remedy against any person other than the enforcement agent or a related party.

(7)In this paragraph, “related party” has the meaning given by paragraph 65(4).

 

 

Give notice to the bailiff the debt has been paid, and keep a file copy for your records.

You can give this notice to the bailiff and his firm electronically, including text message.

 

 

If a bailiff takes an enforcement step after being given the above notice, or obtains money from you, then you may bring an action for breach of paragraph 6(3)(a) of this Schedule under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which states;

66(1)This paragraph applies where an enforcement agent—

(a)breaches a provision of this Schedule, or

(b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

(2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

(3)But the debtor may bring proceedings under this paragraph.

(4)Subject to rules of court, the proceedings may be brought—

(a)in the High Court, in relation to an enforcement power under a writ of the High Court;

(b)in a county court, in relation to an enforcement power under a warrant issued by a county court;

(c)in any other case, in the High Court or a county court.

(5)In the proceedings the court may

(a)order goods to be returned to the debtor;

(b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.

(6)A related party is either of the following (if different from the enforcement agent)—

(a)the person on whom the enforcement power is conferred,

(b)the creditor.

(7)Sub-paragraph (5) is without prejudice to any other powers of the court.

(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—

(a)that he was not breaching a provision of this Schedule, or

(b)(as the case may be) that the instrument was not defective.

(9)This paragraph is subject to paragraph 59 in the case of a breach of paragraph 58(3).

 

You can bring this action in a county court.

 

 

 

The bailiff is pestering you for money without having an enforcement power

He is not acting in the lawful execution of duty. You can apply for a restraining order.