The fee regulations say the bailiff can only recover the prescribed fees in the Schedule of the Taking Control of Goods (Fees) Regulations 2014 along with disbursements paid for taking and selling the debtors goods. A card fee does not fit any of these rules. If a bailiff is charging a card fee, then you do not have to pay it. You can reclaim it via a Chargeback with your bank or credit card company. Act quickly as soon as the transaction has taken place.
Bailiffs, Card Fees & Surcharges
The law that sets statutory charges for enforcement of debts do not provide for bailiffs to charge card fees.
The statutory fees have been set to include the costs (or profit) a bailiff company can operate to recover the debt.
There are separate laws that deal with the actual cost of processing a card transaction. It says the “actual cost of the transaction” can be charged. Regulation 4 & 5 of the Consumer Rights (Payment Surcharges) Regulations 2012 states;
Excessive charges prohibited
4. A trader must not charge consumers, in respect of the use of a given means of payment, fees that exceed the cost borne by the trader for the use of that means.
If have been charged excessive card fees then you a right to ask the court to evaluate the charges in a process called a Detailed Assessment Hearing.
Some bailiffs argue these rules only apply where there is a contract. However there is no contract between a bailiff and a debtor.
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