This topic contains 0 replies, has 1 voice, and was last updated by  Administrator 3 months ago.

  • Author
    Posts
  • #22280
     Administrator 
    Keymaster

    It is common practice for bailiffs to exaggerate their fees and costs. You can apply to the court for a detailed assessment hearing to examine their fees. You need some legal expertise to bring this action, but you get your costs paid.

    The fees are prescribed in Table 2 of the Schedule of the Taking Control of Goods (Fees) Regulations 2014

    Fee Stage

    Fixed fee

    Percentage of sum to be recovered exceeding £1000

    Compliance stage

    £75

    First enforcement stage

    £190

    7.5%

    Second enforcement stage

    £495

    Sale or disposal stage

    £525

    7.5%

    Compliance Stage Fee

    Applies when the bailiff has been instructed

    Regulation 6 (1)(a) of the Taking Control of Goods (Fees) states;

    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;

    First Enforcement Stage fee

    Applies when the bailiff attends

    Regulation 6(1)(b) of the Taking Control of Goods (Fees) states;

    (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;

    Second Enforcement Stage fee

    Applies when the debtor breaches a Controlled Goods Agreement

    Regulation 6(1)(c) of the Taking Control of Goods (Fees) states;

    (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;

    Sale or Disposal Stage fee

    Applies when the bailiff starts removing goods to the place of sale.

    Regulation 6(1)(d) of the Taking Control of Goods (Fees) states;

    (d)the sale or disposal stage, which comprises all activities relating to enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale, or from commencing preparation for sale if the sale is to be held on the premises, until the completion of the sale or disposal (including application of the proceeds and provision of the information required by regulation14).

    VAT

    VAT only applies to expenses paid in connection with taking and selling goods to pay the debt.

    VAT only aplies on fees when the creditor is NOT VAT registered.

    Source: HMRC advice note: HMRC Advice Notice VBNB41720.

    Enforcement not compliant with the Schedule 12 enforcement procedure

    If the bailiff breaches any part of the Schedule 12 enforcement procedure, then no fees owed, and can be reclaimed.

    Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states;

    These Regulations apply when an enforcement agent uses the Schedule 12 procedure.

    disputing the fees

    If you dispute the fees charged, or they are not compliant with any of the above, then you apply for a Detailed Assessment.

Viewing 1 post (of 1 total)

The forum ‘Bailiffs and High Court writs’ is closed to new topics and replies.

©2019 Fuck This Country

CONTACT US

We're not around right now. But you can send us an email and we'll get back to you, asap.

Sending

Log in with your credentials

or    

Forgot your details?

Create Account