Sale Stage Fee Non-High Court Enforcement
The bailiff may recover a Sale Stage fee when he starts the process of removing the debtor's controlled goods.
For the bailiff to be eligible to recover a Sale Stage Fee, he must first take control of a debtor's goods by way of one of the four prescribed methods in Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
The four prescribed methods include removing the goods and giving the debtor a prescribed notice, clamping (immobilising them), securing the commercial premises where the debtor's goods are located, or entering into a Controlled Goods Agreement with the debtor.
The Sale Stage fee is governed by Table 1 in the Schedule to the Taking Control of Goods (Fees) Regulations 2014.
Should a bailiff or enforcement agent charge or take a Sale Stage fee without having taken control of any of the debtor's goods then the debtor may recover the Sale Stage fee together with legal expenses by applying to the court for a Detailed Assessment hearing.