Disputing Bailiffs Fees: Detailed Assessment
Apply to the court to examine the bailiffs fees and charges.
Applies to Council tax, traffic debts and magistrates' court fines
For High Court debts, see High Court detailed assessment.
You don't need to tell the bailiff company you are making the application.
Detailed assessments are usually free. The bailiff company pays the cost of the application and assessment hearing.
If both the following applies then make a claim for damages.
You can have a detailed assessment hearing if:
Gather the following evidence (where applicable)
If your vehicle has been clamped or towed for an unpaid debt and the warrant has your previous address, then the enforcement is invalid and the bailiff is unable to recover any fees. A Detailed assessment application should be accompanied with an application for an order to return control of the vehicle and apply for your damages for the unlawful deprivation of it.
Schedule of enforcement fees
Table 1 of the Schedule of the Taking Control of Goods (Fees) Regulations 2014-
£75 - Compliance Stage Fee
£235 - 1st Enforcement Stage Fee plus 7.5% of sum to be recovered exceeding £1500
£110 - Sale Stage Fee plus 7.5% of sum to be recovered exceeding £1500
If the bailiff has taken control of goods - his expenses for transporting and auctioning them is recovered from sale
When each fee stage applies
-
Compliance Stage Fee: When the enforcement agent is instructed
Enforcement Stage Fee: The enforcement agent's first attendance
Sale Stage Fee: Attending to remove controlled goods
The Law:
Regulation 5 of Taking Control of Goods (Fees) Regulations 2014
5.—(1) The relevant stages of enforcement under an enforcement power which is not conferred by a High Court writ are as follows—
Percentage fee
Regulation 7 of the Taking Control of Goods (Fees) Regulations 2014 states:
Disputing disbursements claimed
Regulation 8 of the Taking Control of Goods (Fees) Regulations 2014 states:
(1) The enforcement agent may recover disbursements from the debtor only in accordance with this regulation and regulations 9, 10 and 11.
(2) The following disbursements are recoverable provided that they are reasonably and actually incurred—
Regulation 9 of the Taking Control of Goods (Fees) Regulations 2014 states:
(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—
(4) Where the goods are—
Regulation 10 of the Taking Control of Goods (Fees) Regulations 2014 states:
(1) Upon application by the enforcement agent with the consent of the creditor in accordance with rules of court, the court may order that the enforcement agent may recover from the debtor exceptional disbursements associated with the use of the Schedule 12 procedure which are not otherwise recoverable under these Regulations.
(2) The court may not make an order under paragraph (1) unless satisfied that the disbursements to which it relates are necessary for effective enforcement of the sum to be recovered, having regard to all the circumstances including—
Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 states:
Upon application in accordance with rules of court, any dispute regarding the amount recoverable under these Regulations is to be determined by the court.
Multiple enforcement powers
Regulation 11 of the Taking Control of Goods (Fees) Regulations 2014 states:
(1) This regulation applies for the purpose of calculating the fees and disbursements payable to the enforcement agent in accordance with regulations 4, 8, 9 and 10 in a case where—
(3) The enforcement agent may recover the compliance stage fee in respect of each enforcement power to which the instructions relate.
(4) Where paragraph (1) applies, the fee recoverable in respect of the enforcement stage (or stages) and the sale or disposal stage respectively is to be calculated as follows—
Vulnerable debtors
Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 states:
Where the debtor is a vulnerable person, the fee or fees due for the enforcement stage (or, where regulation 6 applies, the first, or first and second, enforcement stages as appropriate) and any disbursements related to that stage (or stages) are not recoverable unless the enforcement agent has, before proceeding to remove goods which have been taken into control, given the debtor an adequate opportunity to get assistance and advice in relation to the exercise of the enforcement power.
Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states:
These Regulations apply when an enforcement agent uses the Schedule 12 procedure.
Civil Procedure Rule 84.16 states:
(1) This rule applies where—
(3) The application must be accompanied by—