Paying the claimant direct after issuing a writ

Pay the "amount outstanding" to the claimant and the enforcement power ends

Keep a copy or the cheque and proof of posting.

Guidelines say the bailiff cannot take control of goods to recover fees when the enforcement power ceases to be exercisable.

The amount outstanding is the sum on the writ including interest to the date you pay.

There is one catch. If the bailiff has taken control of your goods, the amount outstanding then includes costs paid by the bailiff for taking your goods - "costs"

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.

The Amount Outstanding:

"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".

To obtain proceeds of sale, the enforcement agent must take control of goods to be sold to raise those proceeds.

Before he can sell the debtors goods, he must comply with one of the four methods for taking control of them provided in paragraph 13(1) of Schedule 12 of the 2007 Act, which states::

(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.

Nothing says "fees" form part of the "amount outstanding" unless the bailiff has taken control of goods, and only then, they are recoverable from "proceeds" of enforcement

HM Government confirmed this fact in its publication in 2014 called the Taking Control of Goods: National Standards which has been published online.

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 must give the bailiff a notice telling them the amount outstanding has been paid to the claimant.

Otherwise the bailiff is not liable if he takes an enforcement step..

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.

Here is a template email and text message to give notice to the bailiff company and the bailiff the claimant has been paid.

Procedure:

Make a cheque payable to the name of the creditor for the amount outstanding - the sum on the writ, not including bailiffs fees.

Enclose a note giving references and what this payment is for.

Take a photo of the cheque and note.

Post it to the creditor by and get a certificate of posting. Do not use signed-for, the recipient may refuse to sign.

Send the bailiff company an email and the bailiff a text message (template above), telling them the amount outstanding has been paid to the claimant. Keep a screenshot of the text message and the email

Keep safe,

Photo of the cheque and the note
Certificate of posting
Screenshot of the text message to the bailiff
Screenshot of the email to the bailiff company