Bailiffs And Excessive Levy

In brief

The modern statutory question is not governed merely by a loose idea of “proportionality”. It is governed principally by paragraph 12 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 .

Jurisdiction: England and Wales. Explore the Bailiff fees, charges and assessment topic hub.
On this page

The modern statutory question is not governed merely by a loose idea of “proportionality”. It is governed principally by paragraph 12 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

The ordinary value ceiling

Paragraph 12(1) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 provides that, unless the statutory exception applies, an enforcement agent may not take control of goods whose aggregate value is more than:

  • the amount outstanding; plus
  • an amount in respect of future costs calculated in accordance with regulations.

The limited higher-value exception

Paragraph 12(2) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 permits higher-value goods to be taken only to the extent necessary where there are not enough lower-value goods within a reasonable distance on a highway or on premises that the enforcement agent has power to enter under paragraph 14 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 or an existing warrant.

Paragraph 12(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 provides that goods are above a given value for this purpose only where that fact is, or ought to be, clear to the enforcement agent. Paragraph 12(4) preserves control where goods rise in value after being taken.

Legal correction: the National Standards are non-statutory guidance and are not a substitute for the precise ceiling, exception and knowledge test in paragraph 12 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

Evidence

Establish the amount outstanding and the future-cost allowance used at the time control was taken. Identify every item controlled, its realistic value at that date, the lower-value goods that were available, their location, whether the agent had power to enter the premises, and what the agent knew or ought reasonably to have appreciated about value. Photographs, inventories, vehicle details, valuations, body-worn video and contemporaneous correspondence may be material.

Remedy

A breach may engage paragraph 66 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007. Rule 84.13 of The Civil Procedure Rules 1998 permits the debtor to bring the statutory proceedings by application supported by evidence explaining the alleged breach. Return of goods or damages depends on the statutory conditions, any reasonable-belief limitation, causation and proved loss; breach does not produce an automatic fixed award.

Primary and official sources linked on this page

These links are included to make the underlying legal or official source material easier to verify.

Bailiffs And Credit Or Debit Card FeesThe Schedule to the Taking Control of Goods (Fees) Regulations 2014 explicitly defines the fees bailiffs are permitted to charge.The Council Charged You More Than £3 For The Liability OrderParagraph 5.1 of Schedule 1 to the Magistrates’ Courts Fees Order 2008 specifies that the application fee for a Liability Order is £3.The £79 Compliance Stage Fee And £247 Enforcement Stage FeeBailiff's fees are regulated by the Taking Control of Goods (Fees) Regulations 2014, which outline the following fee structure:Council tax paid before or during bailiff enforcementPayment of council-tax arrears does not always remove statutory enforcement fees.Challenging High Court enforcement feesRequest the writ, statement, compliance and attendance records, stage, payments, disbursements and sale evidence.Challenging non-High Court enforcement feesStatutory fees can be recovered through an enforcement company where the regulations permit.