You have been charged multiple enforcement stage fees for a single attendance.

Invalid unless the bailiff has taken control of goods.

 

The law is regulation 6 of the Taking Control of Goods (Fees) Regulations 2014 which state:

 

Stages of enforcement for which fees may be recovered – enforcement of High Court writs

6.—(1) The relevant stages of enforcement under an enforcement power conferred by a High Court writ are as follows—

(a)the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the first enforcement stage, or, where sub-paragraph (c)(i) applies, the commencement of the second enforcement stage;

(b)where the enforcement agent and the debtor enter into a controlled goods agreement, the first enforcement stage, which comprises all activities relating to enforcement from the first attendance at the premises in relation to the instructions until the agreement is completed or breached;

(c)the second enforcement stage, which comprises—

(i)where the enforcement agent and the debtor do not enter into a controlled goods agreement, all activities relating to enforcement from the first attendance at the premises in relation to the instructions up to but not including the commencement of the sale or disposal stage;

(ii)where the enforcement agent and the debtor enter into a controlled goods agreement but the debtor breaches that agreement, all activities relating to enforcement from the time at which the debtor breaches the agreement up to but not including the commencement of the sale or disposal stage;

 

To exercise the second enforcement stage, the bailiff must take control of goods by exercising one of the powers in regulation 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.

 

 

If none of the above applies, you may recover the second enforcement stage fee. There are two methods.

 

1 If you have not yet paid the fee, apply for a detailed assessment hearing.

2. Reclaim it in the small claims track