Bailiffs charged both enforcement stage fees together

The second enforcement stage fee only applies after the first visit and the debt remains unpaid and no controlled goods agreement has been set up.

It is common practice for bailiffs to charge the first enforcement stage fee and the second enforcement stage fee together for a single attendance. This is not allowed when the debt is paid on the first attendant or a controlled goods agreement is set up.

If your debt is paid on the first attendance and you have been charged a second enforcement stage fee, then you can recover it together with your costs on an indemnity basis by having a detailed assessment hearing under civil procedure rule 84.16 because the enforcement power ended when the debt and the fees up to the first enforcement stage fee were paid.

If you are not the debtor being charged enforcement fees, the money taken is reclaimed by making a claim in a county court.


The fee stages are:

Compliance stage - £75

First enforcement stage - £190 plus 7.5% of the sum recovered exceeding £1000

Second enforcement stage - £495

Sale or disposal stage - £525 plus 7.5% of the sum recovered exceeding £1000

The Law:

Regulation 6 of the Taking Control of Goods (Fees) Regulations 2014 states:

Stages of enforcement for which fees may be recovered – enforcement of High Court writs

6.—(1) The relevant stages of enforcement under an enforcement power conferred by a High Court writ are as follows—

(a)the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the first enforcement stage, or, where sub-paragraph (c)(i) applies, the commencement of the second enforcement stage;

(b)where the enforcement agent and the debtor enter into a controlled goods agreement, the first enforcement stage, which comprises all activities relating to enforcement from the first attendance at the premises in relation to the instructions until the agreement is completed or breached;

(c)the second enforcement stage, which comprises—

(i)where the enforcement agent and the debtor do not enter into a controlled goods agreement, all activities relating to enforcement from the first attendance at the premises in relation to the instructions up to but not including the commencement of the sale or disposal stage;

(ii)where the enforcement agent and the debtor enter into a controlled goods agreement but the debtor breaches that agreement, all activities relating to enforcement from the time at which the debtor breaches the agreement up to but not including the commencement of the sale or disposal stage;

(d)the sale or disposal stage, which comprises all activities relating to enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale, or from commencing preparation for sale if the sale is to be held on the premises, until the completion of the sale or disposal (including application of the proceeds and provision of the information required by regulation14).

(2) Where the goods against which enforcement is sought are securities, the sale or disposal stage commences with the provision of a notice of disposal in accordance with paragraph 49(2) of Schedule 12.


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.

The 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).