When the amount specified on the Warrant of Control has been paid directly to the council or authority, without a bailiff having taken control of your goods, the enforcement power ceases to be exercisable.

Once the Warrant of Control is no longer in force, the bailiff loses the authority to take control of goods to recover their fees and charges. In such instances, the bailiff must pursue a separate legal claim to recover their fees.

If a bailiff seeks to reclaim their fees after the 'amount outstanding' has been paid to the council, they must apply for this recovery separately, similar to any other service provider addressing a fee dispute.

A notable case in 2017 involved a bailiff who attempted to recover fees through a civil claim after the debtor had settled the 'amount outstanding' with the council. The claim was unsuccessful, as the bailiff was engaged with a limited company in the enforcement business.

This case sets a precedent, demonstrating that bailiffs cannot recover their fees if the 'amount outstanding' has been paid to the council.

Paragraph 50(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 prescribes the "Amount Outstanding" to comprise two elements: the sum specified on the Warrant of Control and any costs or disbursements incurred by the bailiff for the enforcement process.

Section 62(1) of the Tribunals Courts and Enforcement Act 2007 prescribes the term "Enforcement" is specifically defined as taking control of goods and selling them to recover money. It does not include "fees" within the prescribed definition of the Amount Outstanding, which only encompasses costs.

Costs and fees are distinct categories. Costs refer to the expenses incurred by bailiffs for removing controlled goods, as specified under Regulation 8 of the Taking Control of Goods (Fees) Regulations 2014. In contrast, fees are detailed in the Schedule to the same Regulations.

Without an enforcement power, the bailiff lacks lawful authority to demand payment, rendering their actions as harassment or unwarranted pressure.

As an individual subjected to such actions, you have the right to seek an injunction under Paragraph 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. This injunction can prevent both the council and the bailiff from harassing or pressuring you without lawful justification, thereby safeguarding your rights.