Paying The Claimant Cirectly After High Court Writ And Bailiffs

When you pay the Amount Outstanding directly to the creditor for a High Court Writ of Control after instructing bailiffs, it causes the enforcement power under the Writ of Control to cease to be exercisable, and the bailiff may not recover any fees.

It is worth noting that the creditor that applied for the Writ will attempt to prevent you from paying them directly because the bailiff company has told them that all payments must go through the bailiff company engaged for enforcement purposes.

If you manage to pay the Amount Outstanding directly to the creditor by bank transfer, the Writ of Control ceases to be exercisable.

According to Paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, the enforcement power ceases to be exercisable when the Amount Outstanding has been paid.

Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 defines the "Amount Outstanding" as comprising two parts: the debt specified under the Writ of Control and the associated enforcement costs.

Section 62(1) of the Tribunals Courts and Enforcement Act 2007 describes "Enforcement" as the process of taking control of and selling goods to recover a debt.

Regulation 8 of the Taking Control of Goods (Fees) Regulations 2014 specifies that bailiffs can only claim costs that they have "reasonably and actually" incurred. Thus, if the bailiff has not taken control of your goods (vehicle), the bailiff has not paid any costs - or disbursements.

Fees that bailiffs seek to recover are distinct from these enforcement costs.

"Fees" and prescribed in the Schedule to the Taking Control of Goods (Fees) Regulations 2014.

Regulation 3 of these regulations permits bailiffs to recover fees only when they have followed the Schedule 12 enforcement procedures.

According to Paragraph 13(1) of Schedule 12, bailiffs must use one of four prescribed methods—clamping, removing, or entering into a Controlled Goods Agreement—to take control of goods.

If the bailiff has not used any of these methods and you have paid the Amount Outstanding to the creditor, the bailiff may not recover any fees from you.

It is important to note that Paragraph 59 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states the bailiff is not liable for damages if he takes enforcement steps after the Amount Outstanding has been paid to the creditor unless the bailiff had notice that the Amount Outstanding had been paid.