The legal basis
The fees enforcement agents (formerly called bailiffs) can charge when enforcing a debt under Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 are fixed by law. They are set out in the Taking Control of Goods (Fees) Regulations 2014, which came into force on 6 April 2014.
These regulations apply to most non-High Court debts, including council tax, magistrates' court fines, parking penalty charges and judgment debts.
The three enforcement stages
The regulations define three stages of enforcement, each with a fixed fee. An additional percentage fee applies where the sum to be recovered exceeds £1,500.
Stage 1: Compliance Stage — £75
This stage begins when the enforcement agency receives instructions from the creditor (such as a local authority or magistrates' court). The agency must send a Notice of Enforcement and allow at least 7 clear days from the date of issue before visiting the property.
During this stage the agency may contact the debtor by letter, email, telephone or text. An enforcement agent will not visit the property during the Compliance Stage. The fixed fee at this stage is £75.
Stage 2: First Enforcement Stage — £235
If the debt is not paid or a payment arrangement is not agreed during the Compliance Stage, the case is passed to an individual enforcement agent who will visit the property to take control of goods. When the visit is made, a fixed fee of £235 is added to the debt.
If the agent is enforcing more than one debt against the same person at the same time, Regulation 11 requires them to minimise fees and charge only one enforcement stage fee where practicable.
Stage 3: Sale or Disposal Stage — £110
This stage covers activities from the first attendance at the property for the purpose of transporting goods to the place of sale, through to completion of the sale or disposal. The fixed fee is £110.
The percentage fee for larger debts
In addition to the fixed fees above, a percentage fee of 7.5 per cent may be added at the First Enforcement Stage and Sale or Disposal Stage on any portion of the sum to be recovered above £1,500. The Compliance Stage has a 0 per cent rate for this element.
Protections for vulnerable debtors
Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 provides specific protection. An enforcement agent is required to give a vulnerable debtor an adequate opportunity to obtain assistance and advice before goods are removed. The enforcement stage fee is not recoverable unless this opportunity has been given.
Disbursements
Enforcement agents may also recover certain disbursements on top of the fixed fees — for example locksmith costs, storage fees and court fees. Regulation 10 allows the court to approve exceptional disbursements in limited circumstances.
Notes and context
The government has consulted on potential reforms to these regulations, including extending the minimum period of notice before an enforcement visit from 7 to 28 days and clarifying that payment plans can be accepted at the Compliance Stage. As at the date of writing, the fees set out in the 2014 regulations remain in force as described above.