Disputing Bailiffs Fees: Detailed Assessment
High Court writs
For non High Court debts, e.g. council tax, traffic debts and Magistrates' court fines, see Non-High Court detailed assessment.
Bailiffs are required to adhere strictly to regulations governing their fee structures.
If the court determines that the bailiff has overcharged you, they are typically liable for your legal expenses and solicitor's fees.
In cases where the bailiff's fees are evidently excessive, you have the option to request exemplary costs.
The fees that bailiffs can levy for the enforcement of High Court writs are as follows:
Schedule of fees for the enforcement of High Court writs
Table 2 of the Schedule of the Taking Control of Goods (Fees) Regulations 2014-
£75 - Compliance Stage Fee
£190 - 1st Enforcement Stage Fee plus 7.5% of sum to be recovered exceeding £1000
£495 - 2nd Enforcement Stage Fee
£525 - Sale Stage Fee plus 7.5% of sum to be recovered exceeding £1000
If the bailiff has taken control of goods - his expenses for transporting and auctioning them is recovered from sale
VAT on enforcement fees may not be recovered from debtors, See HMRC Briefing Note VBNB41720.
Should the bailiff charge VAT charge and he is not VAT registered, you can seek reimbursement by applying for a detailed assessment process, with the creditor covering your costs.
Search online to see if the bailiff (enforcement agent) is VAT registered.
When each fee stage applies
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Compliance Stage Fee: Imposed upon the instruction of the enforcement agent.
1st Enforcement Stage Fee: Occurs during the first visit, with a controlled goods agreement established.
2nd Enforcement Stage Fee: Applicable during the first visit if no controlled goods agreement is reached, or if the debt remains unpaid, including the first enforcement stage fee.
Sale Stage Fee: Levied for starting to remove controlled goods.
Fees and disbursements which can be disputed
If you don't have a copy of the original judgment, search Registry Trust Online
Small fee applies.Gather your evidence:
The fee for the application stands at £275. Should you find yourself on a modest income or with limited savings, you may apply for court fee remission.
Bring your documents directly to the High Court in London; refrain from mailing them, as court personnel will set aside your application papers.
Submit a request for Litigant in Person costs pursuant to CPR 46.5. If the evaluation rules in your favour, your costs are either deducted from the original judgment or ordered to be paid by the bailiff company.
A typical costs award to a litigant in person under CPR 46.5 for a detailed assessment application in the High Court amounts to £3500.
It's worth considering having your assessment professionally computed and court documents prepared; these costs can be recuperated as part of your CPR 46.5 litigant in person expenses.