What Fees Can Bailiffs Charge? Your Rights Explained

Introduction to Bailiff Fees

Introduction to Bailiff Fees

Bailiffs, also known as enforcement agents, are individuals authorised to collect certain types of debts in England and Wales. They may be instructed by courts, local authorities, or private creditors to recover unpaid debts such as council tax arrears, court fines, or outstanding business rates. Bailiffs have legal powers to visit your home or business, take control of goods, and, if necessary, sell them to recover the money owed.

When bailiffs are involved in collecting a debt, they are allowed to charge a range of fees for their work. These fees are strictly regulated by law to ensure that debtors are treated fairly. The main rules governing bailiff fees are set out in the Taking Control of Goods (Fees) Regulations 2014, which specify what fees can be charged at each stage of the enforcement process and how much those fees can be.

Understanding what fees bailiffs can charge is essential for anyone facing bailiff action. Being aware of your rights can help you avoid overpaying, challenge unfair charges, and better prepare for dealing with debt collection. For example, bailiffs can charge you for sending warning letters, visiting your property, and, in some cases, for removing and selling your belongings. However, there are rules in place to prevent excessive or duplicate charges, and you have the right to dispute any fees you believe are incorrect.

Knowing the legal framework and your options can make a significant difference if you are contacted by bailiffs. If you are unsure about any charges or want to check if a bailiff’s fees are correct, you can refer to the official guidance on fees bailiffs can charge or review the full details in the Taking Control of Goods Regulations 2013. This knowledge can help you protect your rights and manage your debt situation more effectively.

Types of Fees Bailiffs Can Charge

Types of Fees Bailiffs Can Charge

When a bailiff (also known as an enforcement agent) is instructed to collect a debt, there are specific types of fees they are legally allowed to charge. These fees are strictly regulated to protect you from unfair or excessive charges. Below, we explain the main types of fees you might encounter, the reasons for each fee, and when they can be applied.

1. Compliance Fee

The first fee you may see is the compliance fee. This is a fixed amount charged when the bailiff receives instructions to recover a debt and sends you a notice (usually by letter). The compliance fee covers the administrative costs of opening your case and notifying you of the debt. This fee is charged even if no further action is taken, as long as the notice has been sent.

2. Enforcement Fee

If you do not pay or make arrangements after receiving the compliance notice, the bailiff may escalate the case to the enforcement stage. This means they will visit your home or business to collect payment or take control of goods. An enforcement fee is charged for this visit, covering the costs involved in attending your property and attempting to recover the debt.

3. Sale or Disposal Fee

If the debt remains unpaid and the bailiff removes your belongings to sell them, a sale or disposal fee can be charged. This fee covers the costs of arranging, advertising, and carrying out the sale of your goods to recover the debt.

4. Storage Fees

When goods are removed from your property, the bailiff may charge storage fees for keeping your belongings until they are either returned to you (if you pay the debt) or sold. The rules for these fees are explained in detail on the Bailiff powers when they visit your home: What you can do when a bailiff visits – GOV.UK page, which also outlines your rights and what you can expect during the process.

5. Additional Fees and Disbursements

In certain situations, bailiffs may charge for additional services, such as using locksmiths to gain entry or hiring specialist transport to remove goods. However, these extra charges must be reasonable and reflect the actual costs incurred. There are also specific rules in place to ensure these fees are not misused.

How Are Bailiff Fees Regulated?

All bailiff fees are governed by the Taking Control of Goods (Fees) Regulations 2014. These regulations set out exactly what can be charged at each stage of the enforcement process and place limits to prevent unfair practices. For example, Regulations 11 and 12 require bailiffs to minimise fees where possible, especially if they are dealing with multiple debts at the same address.

The government regularly reviews these rules to ensure they remain fair and up to date. For the latest information on current and proposed changes, you can read the Enforcement Agent (Bailiff) Fee Review 2023 – GOV.UK.

When Do You Have to Pay Bailiff Fees?

Bailiff fees are usually added to the total amount you owe and must be paid alongside your original debt. If you settle the debt promptly, you may only need to pay the compliance fee. However, if the process moves to enforcement or sale, the relevant fees will be added. It’s important to act quickly if you receive a notice from a bailiff to avoid extra costs.

Key Points to Remember

• Bailiff fees are set by law and cannot be charged at random.
• You are entitled to a breakdown of any fees charged.
• If you believe you have been charged unfairly, you have the right to challenge the fees and make a complaint.

For more details about your rights and how to deal with bailiffs, visit the Bailiff powers when they visit your home: What you can do when a bailiff visits – GOV.UK page.

Understanding the types of fees bailiffs can charge helps you know what to expect and how to protect yourself from unnecessary costs. If you’re struggling with bailiff action or debt, seeking advice early can help you manage the situation more effectively.

Enforcement Fees

Enforcement Fees

When a bailiff (also known as an enforcement agent) is instructed to collect a debt after a court order, they are allowed to charge enforcement fees. These fees are set by law and are designed to cover the costs of each stage of the enforcement process. Understanding these charges can help you know what to expect and ensure you are not overcharged.

What Are Enforcement Fees?

Enforcement fees are the amounts bailiffs can charge for carrying out their duties in recovering a debt. These fees are fixed and regulated by law, specifically under the Taking Control of Goods (Fees) Regulations 2014. This ensures that debtors are protected from excessive or unfair charges.

Fixed Fees for Each Stage

The enforcement process is divided into stages, and a set fee applies at each one. The main stages and their fees are:

• Compliance Stage: This is when the bailiff sends a notice (usually a letter) informing you of the debt and giving you a chance to pay before any further action is taken. The fixed fee for this stage is £75.
• Enforcement Stage: If you do not pay during the compliance stage, the bailiff may visit your home or business to take control of goods. The fee for this stage is £235, plus 7.5% of any debt over £1,500.
• Sale or Disposal Stage: If your goods are removed and sold to pay the debt, an additional fee of £110 is charged, plus 7.5% of any debt over £1,500.

These amounts are set out clearly in the Taking Control of Goods Regulations 2013. For a detailed breakdown, you can review the official regulations, which also include important protections for debtors in Regulations 11 and 12.

When Do These Fees Become Payable?

• The compliance fee is added as soon as the bailiff sends you a notice of enforcement.
• The enforcement fee is charged if the bailiff visits your property because you have not paid or agreed a payment arrangement during the compliance stage.
• The sale or disposal fee only applies if your goods are actually removed and sold.

It’s important to note that bailiffs cannot charge you for a stage unless they have carried out the actions required for that stage. If you pay the debt in full during the compliance stage, you should only be charged the compliance fee.

Your Rights and Further Guidance

Bailiffs must follow strict rules about how and when they charge these fees. They are not allowed to add extra charges beyond those set out in the regulations unless specific costs are incurred, such as locksmiths or storage, and only under certain circumstances.

To understand more about the legal framework governing enforcement actions, you may wish to consult the Civil Procedure Rules, which set out the procedures for court orders and enforcement in England and Wales.

If you believe you have been charged incorrect or excessive fees, you have the right to challenge them. Always ask for a detailed breakdown of any fees added to your debt.

For more information about bailiff powers, your rights during enforcement, and managing debt, explore our related guides.

Visit Fees

Visit Fees

When a bailiff (also known as an enforcement agent) visits your property to collect a debt, you may be charged a fee for the visit itself. These visit fees are regulated by law to ensure they are clear and consistent across England and Wales.

What Are Visit Fees?

Visit fees are charges that bailiffs add to your debt when they attend your home or business to enforce payment. The purpose of these fees is to cover the costs of the enforcement process, including the bailiff’s time and travel. It’s important to know that bailiffs cannot charge arbitrary amounts – there are strict rules about what they can charge and when.

First Visit Fee

The first time a bailiff visits your property for a particular debt, you will be charged a “compliance stage” fee. As set out in the Taking Control of Goods Regulations 2013, this fee is currently set at £75. This fee covers the initial letter or notice sent to you (known as a Notice of Enforcement) and the administrative costs of preparing for the visit.

If you do not pay or make a suitable arrangement after receiving this notice, the bailiff may then visit your property. The first physical visit triggers the “enforcement stage” fee, which is £235. This is added on top of the compliance fee. The enforcement stage fee covers the bailiff’s attendance at your property and any actions taken to enforce the debt, such as listing your goods for possible seizure.

Subsequent Visit Fees

If further visits are required – for example, if you do not pay after the first visit or if the bailiff needs to return to remove goods – additional fees may apply. The next stage is the “sale or disposal stage,” which attracts a fee of £110 (plus 7.5% of any debt amount over £1,500). This fee covers the costs of arranging and holding a sale of your goods, should it come to that.

It’s important to note that bailiffs cannot charge a new enforcement stage fee for each visit. The enforcement stage fee is a one-off charge per enforcement process, not per visit. However, if your case moves to a new stage (such as the sale stage), the relevant fee for that stage can be added.

When Do Visit Fees Apply?

Visit fees only apply after you have received a Notice of Enforcement and have failed to pay or make an arrangement within the time given (usually seven days). The bailiff must follow the correct legal process, and all fees must be clearly itemised. If you settle the debt before the bailiff visits, you should only be charged the compliance fee.

How Are Visit Fees Calculated?

The fees are set out in law and cannot be increased by the bailiff or enforcement company. For a typical case, the visit fees are as follows:

• Compliance stage: £75 (for sending the Notice of Enforcement)
• Enforcement stage: £235 (for attending your premises)
• Sale or disposal stage: £110 (plus 7.5% of any debt over £1,500)

You can read the full details of these fees and the legal framework in the Taking Control of Goods Regulations 2013.

Your Rights

Bailiffs must provide a clear breakdown of any fees charged. If you believe you have been overcharged or charged incorrectly, you can challenge the fees. Understanding your rights and the rules bailiffs must follow can help you avoid paying unnecessary charges.

For more information on the procedures and rules that bailiffs must follow during enforcement, you can refer to the Civil Procedure Rules.

If you are unsure about any charges or want to know more about your rights when dealing with bailiffs, it’s a good idea to seek advice as soon as possible.

Storage and Sale Fees

Storage and Sale Fees

When bailiffs (also known as enforcement agents) take control of your goods to recover a debt, they may charge additional fees for storing and selling those items. These fees are regulated under the Taking Control of Goods (Fees) Regulations 2014 and must be reasonable and clearly explained to you.

Storage Fees

If a bailiff removes your belongings from your home or business, they may need to store them until the debt is paid or the goods are sold. Storage fees cover the cost of keeping your possessions in a secure location.

How storage fees are calculated:
There is no fixed maximum amount for storage fees in the regulations, but the charges must reflect the actual costs incurred by the bailiff. The fees should be reasonable and proportionate to the value and quantity of goods taken. Bailiffs are required to provide a breakdown of these charges if you ask for one.

When storage fees apply:
Storage fees only start once your goods have been physically removed from your premises. If your goods remain at your property under a controlled goods agreement (where you agree not to sell or remove them), storage fees should not be charged.

Example:
If a bailiff removes your television and furniture and takes them to a storage facility, you may be charged a daily or weekly rate until the goods are either returned to you (if you pay the debt) or sold.

Sale Fees

If you do not pay the debt after your goods have been removed, the bailiff can sell your items at public auction to recover the money owed. Sale fees cover the costs of arranging and carrying out the sale.

How sale fees are calculated:
Under the Taking Control of Goods (Fees) Regulations 2014, a fixed sale fee of £110 (plus VAT if applicable) can be charged for selling goods. In addition, the bailiff can recover reasonable costs for advertising the sale, auctioneer’s fees, and any extra expenses related to the sale process.

When sale fees apply:
Sale fees are only charged if your goods are actually sold. If you pay the debt (including all bailiff fees) before the sale, your goods should be returned to you, and no sale fee should be charged.

Example:
If your car is removed and sold at auction, the bailiff will deduct the sale fee and any associated costs from the sale proceeds, along with the original debt and other fees. Any money left over after all debts and fees are paid must be returned to you.

Practical Advice

• Always ask for a full breakdown of storage and sale fees if your goods have been taken. Bailiffs must provide this information.
• Check that any storage charges are reasonable and reflect the actual costs.
• If you believe you have been overcharged or that fees are unfair, you can challenge them through the court or by making a complaint.
• Remember, storage and sale fees only apply once your goods have been physically removed from your property.

Understanding your rights and the rules around these fees can help you avoid unnecessary costs and ensure that bailiffs act within the law.

Limits and Regulations on Bailiff Fees

Limits and Regulations on Bailiff Fees

Bailiffs in the UK are not allowed to charge whatever they like when collecting debts. There are strict legal limits on the fees they can demand, and these are set out in government regulations to protect you from unfair or excessive charges.

What Are the Legal Limits on Bailiff Fees?

The main rules about bailiff fees are set out in the Taking Control of Goods Regulations 2013. These regulations clearly state the maximum amounts that can be charged at each stage of the enforcement process, such as when a bailiff sends you a notice, visits your home, or removes goods.

For example, the regulations set fixed fees for the main stages:

• Compliance stage (sending a notice): a set fee is charged when the bailiff first contacts you.
• Enforcement stage (visiting your property): a further fee applies if a bailiff visits.
• Sale or disposal stage: an additional fee is charged if your belongings are taken and sold.

These amounts are fixed and cannot be increased unless there are specific, reasonable costs (known as "disbursements"), such as the cost of hiring a locksmith or storing goods. Even then, these extra costs must be necessary and reasonable.

Government Regulations and Rules

The Taking Control of Goods Regulations 2013 are the official set of rules that bailiffs must follow. Regulations 11 and 12 are especially important, as they require bailiffs to keep fees and extra charges to a minimum, particularly when dealing with more than one debt at the same time.

In addition, the Civil Procedure Rules provide the wider legal framework for how enforcement actions, including bailiff visits and fees, must be carried out. These rules ensure that the process is fair and that your rights are protected throughout.

Protections Against Unfair Fees

There are several safeguards in place to protect debtors from being overcharged:

• Transparency: Bailiffs must give you a detailed breakdown of the fees and charges applied, so you can see exactly what you are being asked to pay.
• Limits on Multiple Fees: If a bailiff is collecting more than one debt from you at the same time, they cannot charge the full set of fees for each debt separately. The regulations require them to minimise the total fees charged.
• Challenge Unreasonable Fees: If you believe you have been charged too much, you have the right to challenge the fees. You can ask the court to review them if necessary.

Understanding these limits and your rights can help you avoid paying more than you should. If you want to learn more about what bailiffs can and cannot do during enforcement, see our guide to bailiff powers.

By knowing the rules and the protections in place, you can make sure any fees charged by bailiffs are fair and lawful.

When and How Bailiff Fees Must Be Paid

When and How Bailiff Fees Must Be Paid

Bailiff fees become due at specific stages in the debt collection process, and understanding when and how these fees apply can help you manage your situation more effectively.

When Do Bailiff Fees Become Due?

Bailiffs (also known as enforcement agents) are allowed to charge fees at different points, depending on the stage of enforcement. The main stages are:

• Compliance Stage: When you first receive a notice from the bailiff, a compliance fee is added to your debt. This fee becomes due as soon as the notice is sent, even if the bailiff never visits your home.
• Enforcement Stage: If you do not respond or pay during the compliance stage, bailiffs may visit your property. An enforcement fee is then added, which becomes due at the time of the first visit.
• Sale or Disposal Stage: If goods are taken and need to be sold to cover the debt, further fees may apply. These are due if your belongings are removed and sold.

Each stage has set fees under the Taking Control of Goods (Fees) Regulations 2014, so bailiffs cannot charge arbitrary amounts. It’s important to check what stage your case is at to know what fees are legally allowed.

Who Is Responsible for Paying Bailiff Fees?

The person named on the debt is responsible for paying both the original debt and any bailiff fees. These fees are added to your total balance and must be paid along with the debt itself. If you make a payment arrangement, your payments will usually go towards covering the bailiff’s fees first, before reducing the original debt.

Payments should be made directly to the bailiff or their agency, following the instructions given in their notice. Always ask for a breakdown of fees so you know exactly what you are being charged for.

What Happens If Bailiff Fees Are Not Paid?

If bailiff fees are not paid, the enforcement process will continue. This means:

• Bailiffs may make further visits, increasing the total fees you owe.
• They can take control of your possessions and sell them to cover both the debt and any outstanding fees.
• Ignoring notices or refusing to pay can make your situation worse, as costs will keep rising.

It’s important to act quickly if you receive a notice from a bailiff. You have options, such as negotiating a payment plan or challenging incorrect fees. For practical steps on what to do when you receive a bailiff notice, see our guide on responding to a bailiff notice.

Understanding when and how bailiff fees must be paid can help you avoid unnecessary costs and take control of your finances. If you believe you have been charged incorrect fees or need advice, it’s a good idea to seek help as soon as possible.

Your Rights Regarding Bailiff Fees

When dealing with bailiffs, it’s important to know your rights regarding the fees they can charge. Bailiffs must follow strict rules set out in the Taking Control of Goods (Fees) Regulations 2014. If you think the fees you’ve been charged are unfair, too high, or have been added incorrectly, you have the right to challenge or question them.

Challenging Bailiff Fees

You can dispute bailiff fees if you believe they are not allowed or have not been calculated properly. For example, bailiffs cannot charge multiple fees for the same stage of action, and they must provide a clear breakdown of all charges. If you’re unsure about a fee, ask the bailiff or their company for a written statement explaining each charge.

If you still disagree with the fees after receiving an explanation, you can make a formal complaint to the bailiff’s company. If that doesn’t resolve the issue, you can escalate your complaint to the relevant ombudsman or seek help from a debt advice service.

When Fees Cannot Be Charged

There are specific situations where bailiffs are not allowed to add certain fees:

• Type of Debt: For some debts, such as parking fines or council tax, only certain fees can be charged. Bailiffs cannot add extra fees for debts not covered by the regulations.
• Improper Procedure: Bailiffs must follow the correct legal process. If they haven’t given you the proper notice, or if they visit at the wrong time or without the right paperwork, they cannot charge enforcement fees.
• No Entry or No Goods Taken: If a bailiff visits but does not enter your property or take control of any goods, they may only charge a limited fee (the ‘compliance stage’ fee). They cannot charge for later stages unless they have actually taken further action.

Practical Steps and Advice

If you believe you have been charged unfairly, don’t ignore the situation. Keep all letters and receipts from the bailiffs, and make a note of any visits or phone calls. This evidence can help if you need to make a complaint or take your case further.

You may also want to explore ways to reduce or manage the fees you owe. One option is negotiating payment with bailiffs, which can help you spread the cost and avoid additional charges.

Understanding your rights about bailiff fees is crucial to protecting yourself and your finances. If you’re ever unsure, seek advice before paying any disputed fees, and remember that bailiffs must always act within the law.

How Bailiff Fees Relate to Other Debt Issues

When bailiffs are involved in collecting debts, the fees they charge can quickly add to the amount you owe. Understanding how these fees relate to different types of debts – and how they might affect your overall financial situation – is essential for making informed decisions and protecting your rights.

Bailiff Fees and Different Types of Debt

Bailiff fees apply to a range of debts, including council tax, rent arrears, parking fines, and certain court judgments. The rules and fees are set out in the Taking Control of Goods Regulations 2013, which outline what bailiffs can charge for each stage of enforcement, such as sending a notice, visiting your property, or removing goods.

For example, if you have council tax arrears, bailiffs acting for the council must follow strict procedures. The fees they can charge are governed by the Council Tax (Administration and Enforcement) Regulations 1992, which ensure that charges are transparent and limited by law.

If you’re dealing with debt rent arrears, bailiffs may be instructed by your landlord or a court to recover unpaid rent. The process and fees will differ depending on the type of tenancy and the specific circumstances. You can find more information about how bailiff fees may affect you if you have debt rent arrears.

The Impact of Bailiff Fees on Your Debt

When bailiffs become involved, their fees are added on top of the original debt. This means that even a relatively small debt can grow significantly once enforcement action begins. Bailiff fees are structured in stages – for example, a fee for the initial compliance letter, a higher fee for a home visit, and further charges if goods are seized or sold.

It’s important to remember that these fees are legally regulated, and bailiffs cannot charge more than the amounts set out in the Taking Control of Goods Regulations 2013. However, if you ignore correspondence or delay dealing with the debt, the fees can escalate quickly.

Managing Debt to Reduce Bailiff Fees

Taking action early can help you avoid unnecessary bailiff fees. If you’re struggling to pay your debts or are worried about bailiff action, there are steps you can take to regain control. Negotiating a payment plan, seeking debt advice, or challenging fees you believe are unfair can all help limit the costs.

For practical steps on how to deal with your debts and prevent bailiff involvement, visit our guide on managing debt.

Understanding the rules around bailiff fees and how they interact with different types of debt can help you make informed choices and protect your financial wellbeing. If you’re unsure about your rights or the fees you’ve been charged, check the official regulations or seek independent advice.

Related Topics to Understand Bailiff Fees Better

Understanding bailiff fees is just one part of managing debt and dealing with enforcement agents. To get a clearer picture and make informed decisions, it helps to explore related topics that shed light on the broader legal framework and practical steps you can take. Below, you’ll find summaries of key areas that complement your knowledge of bailiff fees and can support you as you navigate debt collection issues.

Powers of Bailiffs:
To fully grasp why bailiffs can charge certain fees, it’s important to understand the Powers of Bailiffs. This topic explains the legal authority bailiffs have when collecting debts, including what they can and cannot do. Learning about their powers helps you know when a fee is lawfully charged and what actions are permitted during enforcement.

Bailiff Right of Entry:
Fees often depend on the stages of enforcement, which are closely linked to when and how bailiffs are allowed to enter your property. The Bailiff Right of Entry section covers the rules about when entry is permitted, the difference between peaceful and forced entry, and how this affects the fees you might face. Understanding your rights here can help you respond appropriately if a bailiff visits.

Breathing Space for Debts:
If you’re struggling to pay what you owe, you may be eligible for a breathing space for debts period. This government scheme temporarily halts most enforcement action and freezes additional fees and interest. Exploring this topic can help you find out if you qualify and how it could offer vital time to get your finances in order.

Legal Framework for Bailiff Fees:
Bailiff fees are governed by specific laws and regulations. For the most detailed and up-to-date legal information, you can refer to the official Taking Control of Goods Regulations 2013, which set out exactly what fees can be charged and under what circumstances. Additionally, the Tribunals, Courts and Enforcement Act 2007 provides the legal basis for enforcement agents’ powers and responsibilities.

By exploring these related topics, you’ll gain a more complete understanding of your rights, the limits on what bailiffs can do, and practical options for managing debt. This knowledge puts you in a stronger position to handle bailiff action confidently and ensure you’re only paying fees that are fair and lawful.