Bailiff Fees for Council Tax debts
What the regulations say.
Bailiffs working to clear Council Tax debts are governed by the 2014 Taking Control of Goods (Fees) Regulations Act, which sets out three clearly defined stages:
- Compliance
- Enforcement
- Sale
The new fees structure is as follows:
COMPLIANCE FEE - £75
The compliance stage of the process begins at the point the bailiff/enforcement agent is instructed by the client (in this case the Local Authority) to pursue the debt.
The bailiff at this stage must then send a ‘Notice of Enforcement’ to the debtor, giving them seven days’ notice that a visit to take control of goods will occur. The £75 Compliance Fee is applicable to each Liability Order or Warrant of Control issued.
It is at this stage that you can enter into a ‘controlled goods agreement’ with the bailiff, which will include settlement of the £75 Compliance Fee, and only if you fail to keep to the terms of that agreement will matters progress to the next stage: Enforcement.
ENFORCEMENT - £235
(plus 7.5% of the value of the debt over £1,500)
Should you fail to stick to the terms and payment schedule of your ‘controlled goods agreement’ in the Compliance stage, matters will progress, and an Enforcement Agent will visit your property to remove goods, and you will be liable for the Enforcement Fee.
It is worth noting that bailiffs enforcing more than one Liability Order or Warrant of Control at this stage cannot apply multiple enforcement stage fees.
SALE STAGE FEE - £110
(plus 7.5% of the value of the debt over £1,500)
Once the bailiff has attended the premises to remove good, a further fee is then applicable when the bailiff oversees the sale of those goods.
Further charges relating to the removal that you might also be liable for at this stage include things such as storage charges and locksmith’s fees.
“I am so happy and would absolutely recommend Council Tax Advisors to anyone who is in the same situation I was. Now all my council tax worries are gone, thank you Council Tax Advisors” Hayley
“I am so happy and would absolutely recommend Council Tax Advisors to anyone who is in the same situation I was. Now all my council tax worries are gone, thank you Council Tax Advisors” What other fees can Bailiffs charge?
The 2014 Taking Control of Goods (Fees) Regulations Act was introduced to ensure absolute clarity as to what bailiffs and enforcement agents can charge, and to ensure that spurious charges can no longer be applied by less reputable agents, for example:
- Bounced Cheque Fee
- Credit Card Chargeback Fee
- Credit Card Transaction
- Cut Clamp Fee
- DVLA Search Fee
- HPI Search Fee
- VAT
What about multiple fees?
The 2014 Taking Control of Goods (Fees) Regulations Act similarly clarifies what ‘multiple’ charges bailiffs can apply – the act states that any enforcement company pursuing multiple debts from the same debtor must do so on one Enforcement Notice.
This means that, whilst each individual liability can accrue a Compliance Fee of £75, should these liabilities they progress to the enforcement stage, the bailiff MUST enforce them at the same time, and only one Enforcement Fee of £235 may be charged.
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Bailiffs and Enforcement Agents are essentially the same thing
Do 'vulnerable debtors' have any chance to challenge charges?
Regulation 12 of the 2014 Taking Control of Goods (Fees) Regulations Act ensures that vulnerable debtors that might have been unable to seek the relevant advice in the early stages of the process, the onus is on the bailiff to refer them for advice upon visiting them. Should a bailiff fail to give a vulnerable debtor the chance to seek advice prior to removing goods, the enforcement fee would then be deem unrecoverable.
“You assured me of my legal rights. It gave me the confidence and wherewithal to stand up to the overwhelming pressure of being scared about a knock on the door. At last, I knew how to handle the situation.” Mr Ifthikar
“You assured me of my legal rights. It gave me the confidence and wherewithal to stand up to the overwhelming pressure of being scared about a knock on the door. At last, I knew how to handle the situation.” 
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You can get free debt advice from the Money Advice Service,
an organisation set up by the government to offer free and impartial advice to those in debt. Just click the link above to find out more.
Refresh Debt Services Ltd t/a Council Tax Advisors
Address : Milltown House, Milltown Industrial Estate, Warrenpoint, Co. Down, BT34 3FN
