Challenging Bailiffs Fees and Charges: Detailed Assessment

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

This process is relevant for council tax, traffic debts, and magistrates' court fines. For High Court Writs, refer to Disputing Fees and Charges For Executing High Court Writs.

It's important to note that bailiff companies, as limited companies, cannot recover fees and charges from debtors. They are not authorised 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 holding a valid certificate under section 63 of the Tribunals Courts and Enforcement Act 2007.

In the case of 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
  • £235 – 1st Enforcement Stage Fee plus 7.5% of the sum to be recovered exceeding £1500
  • £110 – Sale Stage Fee plus 7.5% of the sum to be recovered exceeding £1500

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

    If the bailiff has added VAT to their fees, verify their VAT registration status by searching their name on the HMRC public register of VAT registrants. If the bailiff is not VAT registered, they cannot recover VAT as input tax.

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

    Fee Application Stages

  • Compliance Stage Fee: When the enforcement agent is instructed
  • 1st Enforcement Stage Fee: The enforcement agent's first attendance
  • Sale Stage Fee: When the enforcement agent starts removing controlled goods

    • Disputing Fees and Disbursements

  • 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 engaging an expert to calculate your fee assessment and draft the necessary court documents, as these costs may be recoverable from the creditor.