You paid the debt. The bailiff is pestering you for his fees

When the "amount outstanding" on the writ of control has been paid to the creditor, or the court has ordered the enforcement power stopped without a bailiff taking control of your goods, the enforcement power ends, and the bailiff cannot recover his fee by threatening to take control of goods

If a bailiff wants to recover his fee after the "amount outstanding" has been paid to the council, the power for a bailiff to recover his fees must be applied for separately, just like any other tradesman looking to solve a fee dispute

The law defines the "Amount Outstanding" to made up of two components, which are:

The sum outstanding on the writ of control

The costs or disbursements paid by the bailiff for taking and selling your goods - Enforcement

The term "Enforcement" also has a legal definition, which states it is taking control of goods and selling them to recover a sum of money.

The law does not define the amount outstanding to include any fees. It only allows for costs

Without an enforcement power, it means the bailiff is not acting with lawful authority to demand money, so he is harassing or pestering without lawful excuse.

The person being harassed, may apply for an injunction for breach of paragraph 6 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, restraining the council and the bailiff from harassing or pestering them without lawful authority.

Creditors are under increasing pressure from High Court Enforcement companies to make over any money paid direct to them after being sold a High Court Transfer-up Service.

Since 2014, the enforcement regulations for High Court Writs and other debt types are identical. High Court Enforcement companies persuade creditors to transfer up their judgments to the High Court because it earns them an extended fee tariff while offering no benefit to creditors. It actually exposes creditors to the danger of becoming liability for the extended fee tariff if enforcement is not successful.

The Law:

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.

"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).

Email and text message to give notice to the bailiff company and the bailiff the creditor has been paid.

Take a screenshot of the sent email and text message to the bailiff recording the time they were sent, and exhibit them as evidence if you need to make a claim.