Paying a fine direct to Court after a warrant is issued.

To cease enforcement action by HM Court Service, settle the outstanding amount online. However, beware of potential repercussions: while the Court Service will consider the matter closed, a disgruntled bailiff may seek commission reimbursement.

Despite limitations, bailiffs cannot take control of goods for fee recovery without a separate enforcement application. This applies universally, not solely to bailiffs. The outstanding amount corresponds to the warrant of control.

An exception arises if goods are already removed, in which case incurred costs become part of the outstanding sum. Only fees taken after enforcement cessation are recoverable.

To safeguard bailiff company interests, HM Court Service sends a letter indicating funds allocation, but this doesn't reinstate enforcement power once expired. See the sample letter below for clarification.

The Law:

Paragraph 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:

6(1)For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph.

2)The property in any goods ceases to be bound—

(a)when the goods are sold;

(b)in the case of money used to pay any of the amount outstanding, when it is used.

(3)The property in all goods ceases to be bound when any of these happens—

(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

(b)the instrument under which the power is exercisable ceases to have effect;

c)the power ceases to be exercisable for any other reason.

"Proceeds" is defined in paragraph 50(2) of Schedule 12 of the 2007 Act, which states:

(2)Proceeds are any of these—

(a)proceeds of sale or disposal of controlled goods;

(b)money taken in exercise of the power, if paragraph 37(1) does not apply to it.

Paragraph 37(1) of Schedule 12 of the 2007 Act states:

(1)An enforcement agent must sell or dispose of controlled goods for the best price that can reasonably be obtained in accordance with this Schedule.

"amount outstanding" is defined in paragraph 50(3) of Schedule 12 of the 2007 Act, which states:

(3)The amount outstanding is the sum of these—

(a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);

(b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).

"Costs" is defined in Paragraph 62 of Schedule 12 of the 2007 Act, and states:

(1) Regulations may make provision for the recovery by any person from the debtor of amounts in respect of costs of enforcement-related services.

(2) The regulations may provide for recovery to be out of proceeds or otherwise.

(3) The amount recoverable under the regulations in any case is to be determined by or under the regulations.

(4) The regulations may in particular provide for the amount, if disputed, to be assessed in accordance with rules of court.

(5) "Enforcement-related services" means anything done under or in connection with an enforcement power, or in connection with obtaining an enforcement power, or any services used for the purposes of a provision of this Schedule or regulations under it.

"enforcement" is defined in Paragraph 62(1) of the 2007 Act, and says:

(1)Schedule 12 applies where an enactment, writ or warrant confers power to use the procedure in that Schedule (taking control of goods and selling them to recover a sum of money).

Paragraph 6(3)(a) of Schedule 12 of the 2007 Act mentions "proceeds of sale".

In order to acquire sales proceeds, the enforcement agent must first take possession of goods intended for sale to generate said proceeds. Prior to selling the debtor's belongings, the enforcement agent must adhere to one of the four methods outlined in paragraph 13(1) of Schedule 12 of the 2007 Act. This provision dictates:

(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.

Fees are only considered part of the "amount outstanding" if the bailiff has seized goods; in such cases, they become recoverable from the enforcement proceeds.

In 2014, HM Government affirmed this detail in its online publication titled Taking Control of Goods: National Standards.

Official Guidelines:

Paragraph 31 of the 2014 guidelines state:

Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.

You are required to inform the bailiff by notice that the outstanding amount has been paid into court.

If the bailiff takes an enforcement action without prior notice, he cannot be held liable.

The Law:

Paragraph 59(2) of Schedule 12 of the 2007 Act states:

(2) The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.

Template email: Notify both the bailiff company and the bailiff about the payment made to HM Court Service.

You may receive correspondence from the Court Service indicating that a warrant is still active, and the funds have been transferred to the bailiffs.

This action aims to safeguard the financial interests of the commercial bailiff company.

The Law:

Should a bailiff proceed with enforcement actions, you have the option to pursue legal action for a breach of Paragraph 6(3) of the 2007 Act, as outlined in Paragraph 66.

66(1)This paragraph applies where an enforcement agent—

(a)breaches a provision of this Schedule, or

(b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

(2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

(3)But the debtor may bring proceedings under this paragraph.

(4)Subject to rules of court, the proceedings may be brought—

(a)in the High Court, in relation to an enforcement power under a writ of the High Court;

(b)in the county court, in relation to an enforcement power under a warrant issued by the county court;

(c)in any other case, in the High Court or the county court.

(5)In the proceedings the court may—

(a)order goods to be returned to the debtor;

(b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.

(6)A related party is either of the following (if different from the enforcement agent)—

(a)the person on whom the enforcement power is conferred,

(b)the creditor.

(7)Sub-paragraph (5) is without prejudice to any other powers of the court.

(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—

(a)that he was not breaching a provision of this Schedule, or

(b)(as the case may be) that the instrument was not defective.

(9)This paragraph is subject to paragraph 59 in the case of a breach of paragraph 58(3).

Criminal law:

Section 78(5) of the Magistrates’ Courts Act 1980 states:

(5)If any person charged with the execution of a warrant of distress wilfully retains from the proceeds of a sale of the goods on which distress is levied, or otherwise exacts, any greater costs and charges than those properly payable, or makes any improper charge, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

The following is a sample letter from the Court Service sent after settling a court fine online, aiming to safeguard the commercial interests of the bailiff company.