June 12, 2019 at 1:02 pm #22312AdministratorKeymaster
The law provides for bailiffs to recover regulated prescribed fees. Storage fees are neither prescribed nor regulated. The law provides for disbursements, or “costs” to be recovered from the debtor. Storage fees are neither disbursed nor “costs”. You may recover all storage fees you have paid to reclaim your car.
Bailiffs and vehicle storage fees
It is the practice of bailiffs to charge daily storage fees for vehicles held.
Bailiffs may recover regulated prescribed fees. Storage fees are neither prescribed nor regulated. The law provides for disbursements, or “costs” to be recovered. Storage fees are neither disbursed nor “costs”. You may recover all storage fees you have paid to reclaim your car.
Regulations only provide for “enforcement related costs”.
Storage charges paid to reclaim a vehicle are recovered from the creditor unless it is a magistrates’ court fine, they are recovered from the bailiff company. When making a claim, you give the legislation given below to assist the court to decide the outcome of your claim.
Section 62(1) of the Tribunals Courts and Enforcement Act 2007 gives the legal definition of “enforcement”, which states:
(1)Schedule 12 applies where an enactment, writ or warrant confers power to use the procedure in that Schedule (taking control of goods and selling them to recover a sum of money).
The bailiff may only recover his “disbursements”. Storage fees are “fees” intended to make a profit. They are disbursed.
A disbursement is a “Payment of money”. The bailiff has paid nothing.
Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 states;
Disbursements recoverable from the debtor in relation to sale of goods by auction or by private sale
9.—(1) The enforcement agent may recover disbursements related to the sale of the goods from the debtor in accordance with this regulation and regulations 10 and 11.
(2) Where the sale is held on premises provided by the auctioneer conducting the sale, the enforcement agent may recover from the debtor—
(a)a sum in respect of the auctioneer’s commission not exceeding 15% of the sum realised by the sale of the goods;
(b)the auctioneer’s out of pocket expenses; and
(c)reasonable disbursements incurred in respect of advertising the sale.
(3) Where the sale is held on other premises in accordance with regulations made under paragraph 43 of Schedule 12, the enforcement agent may recover from the debtor the sums and disbursements referred to in paragraph (2), except that the sum referred to in paragraph (2)(a) may not exceed 7.5% of the sum realised by the sale of the goods.
(4) Where the goods are—
(a)auctioned by way of an internet auction site; or
(b)sold other than by auction,
the enforcement agent may recover from the debtor 7.5% of the sum realised by the sale of the goods.
Some vehicle compound operators claim they are an “auctioneer” when selling vehicles on eBay. They are the “vendor”.
Bailiff companies attempt to defend claims saying the debtor must apply for a detailed assessment hearing under CPR 84. That is incorrect. A detailed assessment is to apply to a court to examine the disbursements paid by a bailiff in connection with “Enforcement”. Section 62 defines enforcement to be taking control of goods and selling them to recover a sum of money. Storage fees are nothing to do with taking and selling the debtors goods.
Here is how to bring a claim in the small claims track. It includes templates to help you prepare your claim. Use the legislation given above in your skeleton argument.
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