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High Court: Multiple enforcement stage fees for single attendance enforcement.

 

If the bailiff takes full payment on the first attendance, he cannot recover the 2nd enforcement stage fee. [1]

If the debtor is a vulnerable person, the bailiff may not recover any enforcement stage fees until the bailiff has given the debtor an adequate opportunity to get help and advice about the enforcement power. [2]

If you suspect a bailiff overcharged you, then consider applying for a Detailed Assessment . [3]

The court decides whether the enforcement circumstances enable the bailiff to recover a 2nd enforcement stage fee.

If the court finds the bailiff overcharged you, then you can apply for your summary costs as a litigant in person. [4]

Your costs can be set off the writ being enforced or recovered as a costs order against the creditor, and the creditor may redress this with the enforcement agent.

 


[1]  Regulation 6(1) of the Taking Control of Goods (Fees) Regulations 2014

[2]  Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014

[3]  Civil Procedure Rule 84.16(1)(b)

[4]  Civil Procedure Rule 46.5