Disputing Fees and Charges for Executing High Court Writs

Before applying to the court for a Detailed Assessment of the fees and charges under regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 and Civil Procedure Rule 84.16, you should allow the bailiff (Enforcement Agent) an opportunity to rectify and if necessary, refund any overcharged fees.

For debts not related to High Court writs, such as council tax, traffic fines, and Magistrates' court penalties, see: Fees and Charges for the Enforcement of Non-High Court Debts.

Bailiff companies, as limited entities, cannot recover fees and charges from debtors. They are not covered by the prescribed fees regulations in the Taking Control of Goods (Fees) Regulations 2014, as regulation 3 expressly reserves the fee schedule for Enforcement Agents, who are individuals acting with a valid certificate under section 63 of the Tribunals Courts and Enforcement Act 2007.

Burton v Ministry of Justice[2024] EWCA (Civ) 681: Applications for detailed assessment are always made against the creditor.

Bailiffs may recover the following fees and charges:

  • £75 – Compliance Stage Fee
  • £190 – 1st Enforcement Stage Fee, plus 7.5% of the sum to be recovered exceeding £1,000
  • £495 – 2nd Enforcement Stage Fee
  • £525 – Sale Stage Fee, plus 7.5% of the sum to be recovered exceeding £1,000

    • If the bailiff has taken control of goods, they may recover actual expenses paid for transporting and auctioning the goods from the proceeds of their sale. For "storage fees," you can request evidence of the expenses paid by the bailiff by asking for evidence of the flow of money.

    If the bailiff has charged VAT on his fees, verify the bailiff’s VAT registration status by searching his name on the HMRC public register of VAT registrants. If the bailiff is not VAT registered, then he cannot recover VAT as input tax.

    Bailiff companies are not authorised to recover VAT from debtors, as they, as limited companies, do not qualify as individuals with a valid enforcement certificate as prescribed in section 63 of the Tribunals Courts and Enforcement Act 2007. You can apply for a detailed assessment to recover both the fees and any VAT, with the creditor generally ordered to cover your legal costs.

    Fee Application Stages

  • Compliance Stage Fee: Charged when the enforcement agent is instructed.
  • 1st Enforcement Stage Fee: Applied on the first attendance if a controlled goods agreement is made.
  • 2nd Enforcement Stage Fee: Applied on the first attendance without a controlled goods agreement or if payment covering the first enforcement stage fee needs to be made.
  • Sale Stage Fee: Charged for removing controlled goods.

    • Disputing Fees and Disbursements

    You may challenge the following by apply for a Detailed Assessment:

  • Incorrect calculation of percentage fees
  • Multiple enforcement stage fees for concurrent enforcement powers
  • Fees or disbursements not owed due to debtor vulnerability
  • Disbursements related to handling debtor’s goods
  • Discrepancies between the address on the judgment and the bailiff's attended address
  • Charging a 2nd Enforcement Stage Fee or Sale Stage Fee in advance
  • Recovering a fee from a vulnerable person
  • Arithmetic errors in the bailiff's fee calculations
  • Fees taken after direct payment to the creditor
  • VAT charges by non-VAT registered bailiffs

    • Consider having an expert calculate your assessment and draft court documents, as you may recover these expenses from the creditor.