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     Administrator 
    Keymaster

    The law says the sale stage fee only applies when the bailiff has started the process of removing goods to sell. If a bailiff removed the goods or vehicle to a compound for storage, the sale stage fee does not apply unless the sale takes place at the compound. The fee does not apply when the bailiff says he has “called a truck”. The sale stage fee only applies after the bailiff has taken control of your goods using one of the four methods prescribed in paragraph 13 (1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, and has started the process of moving them to the place of sale. You can reclaim this fee by applying for a detailed assessment. That should not be tackled unless you are legally proficient. You get your legal costs paid.

    You were charged a £110 “sale stage” fee

    Only applies when the bailiff attends to remove goods.

    High Court Writs

    Regulation 6(1)(d) of the Taking Control of Goods (Fees) Regulations 2014 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).

    Other than a High Court Writ

    Regulation 5(1)(c) of the Taking Control of Goods (Fees) Regulations 2014 states;

    (c)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 regulation 14).

    Note:

    Goods can ONLY be removed if they are the goods of the debtor, AND they have been taken into control according to Paragraph 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 you have been charged a £110 sale stage fee, then you can apply for a detailed assessment hearing, and the costs are recovered from the bailiff company in error.

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