Sale Stage Fee
The Sale stage fee applies when the bailiff attends to remove controlled goods.
High Court debt enforcement.
The Sale Stage fee is set by Table 2 in the Schedule of the Taking Control of Goods (Fees) Regulations 2014.
To take control of goods, a bailiff must do one of the following:
The Law:
Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:
Ways of taking control
(1)To take control of goods an enforcement agent must do one of the following—
(1)To take control of goods an enforcement agent must do one of the following—
(a)secure the goods on the premises on which he finds them;
(b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;
(c)remove them and secure them elsewhere;
(d)enter into a controlled goods agreement with the debtor.
Regulation 6 of Taking Control of Goods (Fees) Regulations 2014
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—
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.