You Paid The Debt. The Bailiff Is Pestering You For His Fees

Once you have settled the "amount outstanding" on the writ of control directly with the creditor, or if the court has ordered the enforcement authority to be stopped without a bailiff taking control of your goods, the enforcement authority ceases.

Consequently, the bailiff cannot lawfully recover their fees by threatening to take control of your goods.

If a bailiff persists on demanding his fees after the 'amount outstanding' has been paid directly to the creditor, the bailiff must make a separate application for the required authority.

Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 outlines that the "amount outstanding" comprises two elements: the remaining balance on the writ of control and any costs or disbursements actually paid by the bailiff for taking and selling your goods—referred to as "enforcement".

Section 62(1) of the Tribunals, Courts and Enforcement Act 2007 defines "enforcement" as the process of taking control of goods and selling them to recover a sum of money. Importantly, the law does not categorise fees as part of the "amount outstanding"; it solely accounts for costs.

Therefore, once you have paid the amount outstanding without the bailiff removing your goods "enforcement", then under Paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, the enforcement power is no longer excersisable.

Should a bailiff persist demanding their fees without a valid Writ of Control then you may apply to the court for a fee assessment under Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014. But before you take this step, you must give the bailiff a written warning to stop harassing you.

Template: Notice to the bailiff. Stop the harassment of we will apply for a fee assessment.