Bailiffs And Credit Or Debit Card Fees
The Schedule to the Taking Control of Goods (Fees) Regulations 2014 explicitly defines the fees bailiffs are permitted to charge. These regulations do not include provisions for recovering credit card processing fees from debtors.
Bailiffs' reluctance to accept card payments typically stems from financial risk management rather than punitive intent. Many have experienced suspension of their card processing services due to high chargeback rates, a common issue in high-risk industries.
To reinstate merchant services, bailiff companies often face substantial financial requirements from banks, such as significant security deposits or elevated transaction fees. These measures protect financial institutions from potential losses due to chargebacks and merchant contracts usually prohibit bailiffs from transferring these business liabilities to debtors.
Should a bailiff improperly charge card processing fees, debtors have recourse. They may initiate a chargeback through their card issuer or request a detailed assessment hearing because no legal contract exists between a debtor and a bailiff that would permit charges beyond those specifically authorised in the enforcement fee regulations.
In summary, the regulatory framework governing bailiff fees does not accommodate the recovery of card processing charges from debtors. The debtor can challenge such fees by applying for a detailed assessment under Civil Procedure Rule 84.16.