The regulation structure

Bailiffs tasked with resolving Council Tax arrears operate under the guidelines outlined in 2014 Taking Control of Goods (Fees) Regulations Act, which delineates three distinct and well-defined phases:

•  Compliance
•  Enforcement
•  Sale

The new fee structure is as follows:

The initial phase of the procedure commences when the bailiff or enforcement agent is instructed by the client (in this instance, the Local Authority) to pursue the outstanding debt.

During this stage, the bailiff is required to dispatch a ‘Notice of Enforcement’ to the debtor, granting them a seven-day notice period prior to a visit aimed at seizing assets. A Compliance Fee of £75 is applicable for each Liability Order or Warrant of Control issued.

At this juncture, it is possible to enter into a ‘controlled goods agreement’ with the bailiff, encompassing the settlement of the £75 Compliance Fee. Only if the terms of this agreement are not adhered to will the process proceed to the subsequent stage: Enforcement.

If you do not adhere to the terms and payment schedule outlined in your ‘controlled goods agreement’ during the Compliance stage, the situation will escalate. An Enforcement Agent will visit your property to seize assets, and you will become responsible for the Enforcement Fee.

It is important to mention that bailiffs cannot impose multiple enforcement stage fees when enforcing multiple Liability Orders or Warrants of Control during this stage.

After the bailiff has visited the premises and carried out the goods’ removal, an additional fee becomes applicable when the bailiff manages the sale of those items.

At this stage, you may also be responsible for additional charges associated with the removal, such as storage fees and expenses incurred for locksmith services.

The implementation of the 2014 Taking Control of Goods (Fees) Regulations Act aimed to establish clear guidelines regarding the permissible charges for bailiffs and enforcement agents. Its purpose was to prevent unscrupulous agents from imposing unjustified fees, thereby ensuring transparency and fairness in the process.

• Bounced Cheque Fee
• VAT
• Credit Card Chargeback Fee
• HPI Search Fee
• Cut Clamp Fee
• Credit Card Transaction
• DVLA Search Fee

In addition, any enforcement company pursuing multiple debts owed by a single debtor is required to consolidate them into a single Enforcement Notice.

Consequently, although each separate liability can accumulate a Compliance Fee of £75, if these liabilities advance to the enforcement stage, the bailiff is obligated to enforce them simultaneously, allowing for only one Enforcement Fee of £235 to be charged.

Under Regulation 12 of the 2014 Taking Control of Goods (Fees) Regulations Act, provisions are in place to safeguard vulnerable debtors who may have faced challenges in seeking appropriate advice during the initial stages of the process. In such cases, it becomes the responsibility of the bailiff to refer them to seek guidance when they visit the debtor. If a bailiff fails to provide an opportunity for a vulnerable debtor to seek advice before proceeding with the goods’ removal, the enforcement fee would be considered irrecoverable.