Bailiffs charged both enforcement stage fees together
The second enforcement stage fee only applies after the first visit and the debt remains unpaid and no controlled goods agreement has been set up.
It is common practice for bailiffs to charge the first enforcement stage fee and the second enforcement stage fee together for a single attendance. This is not allowed when the debt is paid on the first attendant or a controlled goods agreement is set up.
If your debt is paid on the first attendance and you have been charged a second enforcement stage fee, then you can recover it together with your costs on an indemnity basis by having a detailed assessment hearing under civil procedure rule 84.16 because the enforcement power ended when the debt and the fees up to the first enforcement stage fee were paid.
If you are not the debtor being charged enforcement fees, the money taken is reclaimed by making a claim in a county court.
The fee stages are:
The Law:
Regulation 6 of the Taking Control of Goods (Fees) Regulations 2014 states:
6.—(1) The relevant stages of enforcement under an enforcement power conferred by a High Court writ are as follows—
Paragraph 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:
2)The property in any goods ceases to be bound—
The amount outstanding is defined in paragraph 50(3) of Schedule 12 of the 2007 Act, which states: