Difference between revisions of "Bailiffs: Types and Fees"

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Fees charged by High Court Enforcement Officers are set out in Schedule 3 of The High Court Enforcement Officers Regulations 2004
 
Fees charged by High Court Enforcement Officers are set out in Schedule 3 of The High Court Enforcement Officers Regulations 2004
 
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Where the sum due is £100 or less - 5%
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Above £100 - 2.5%
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Mileage - 29.2p per mile Max £50
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'''Charges'''
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Seizure of goods - £2 per site
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Walking possession fee - £3.25 a day
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Transport and storage of removed goods - Reasonable costs
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Valuation - Reasonable costs
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Sale of goods by auction
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Up to £100 - 15%
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Next £900 - 12.5%
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Above £1000 - 10%
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[[Category:Legal_Information]]
 
[[Category:Legal_Information]]

Latest revision as of 16:30, 3 March 2008

Types of Bailiffs

County Court Bailiffs

County court bailiffs are established civil servants. They are employees of the Court Service, and therefore are LCD staff. They are therefore subject to the Civil Service rules on recruitment, appraisal and monitoring.

They are subject to the control of the Court Manager, but they are also, under section 123 of the County Courts Act 1984, currently responsible to the district judge for their actions and defaults in the operation of their duties.

They are responsible for the enforcement of orders of the County Court. This can be in the form of recovering money through a Warrant of Execution, land or property through a Warrant of Possession, or to recover goods under a Warrant for Return of Goods. They are also responsible for the personal service of court documents and Warrants of Committal. (All County Court orders under £600 are their responsibility; all those over £5,000 (except Consumer Credit Act cases) can only be enforced by a sheriff).

Certificated Bailiffs

Certificated bailiffs are granted a certificate by a County Court judge which allows them to levy distress for rent. The certificate lasts two years and authorises the bailiff to levy distress anywhere in England and Wales. To obtain a certificate, the applicant must satisfy the judge that he is a fit and proper person to hold a certificate, that he has a sufficient knowledge of the law of distress, and that he is not in the business of buying debts. They must also provide two references and a security bond of £10,000.

They are not officers of the court and are not employed by the court. However, they are seen as representatives of the court because they act under the authority of a court issued certificate.

The court therefore exercises, under the certification process, a certain amount of control over the standards of competence and conduct of these bailiffs. Other than that, there is no formal regulatory structure of certificated bailiffs, although those that are members of the Certificated Bailiffs Association are subject to the complaints procedure of that body.

Only certificated bailiffs can carry out distress for rent, council tax, non-domestic rates and parking fines.

Private Bailiffs

Private bailiffs include all private sector bailiffs who are not sheriffs or certificated bailiffs. (The use of the term ‘bailiff' is not restricted by law). They are generally employees of private companies. There is no requirement for employees of such companies to be certificated or to pass the CBA examination.

There is no general statutory control over the competence and conduct of private bailiffs. There is no compulsory membership of a trade body (although many bailiff firms do join ACEA which does have an established complaints procedure). The creditor employing the bailiff effectively sets out the terms and conditions under which they work and they are not officers of the court, even if they are enforcing court orders.

Unless otherwise restricted as to who can levy distress for a particular type of debt by statute, what type of debt a private bailiff enforces is a matter of contract between the creditor and the bailiff. Mainly used for magistrates' fines.

Distrainors

There are certain areas of civil enforcement where other people have the statutory right to levy distress for certain types of debt. An example of this is the Collector of Taxes right, under section 61 of the Taxes Management Act 1970, to levy distress for unpaid tax and NIC.

Inland Revenue staff are civil servants, and are subject to the same recruitment, appraisal and monitoring standards as all civil servants, including County Court bailiffs.

There is an established structure for complaints and accountability. In the first instance, complaints are made to the Officer in Charge of the relevant office. Beyond that, there is scope for complaint to Regional Offices, M.P.s, and to the Revenue Adjudicator.

The type of debt that can be levied for and the conduct of the levy are restricted both by statute and by internal Inland Revenue instructions.

Sheriffs (now called High Court Enfroment Officers)

The rules governing the appointment of High Sheriffs, Under Sheriffs and Sheriffs Officers are laid down in the Sheriffs Act 1887.

All appointees are technically responsible to the High Sheriff, and can be dismissed by him without notice or compensation. Under Sheriffs tend to be solicitors and their actions are therefore governed by the Law Society. Under Sheriffs and Sheriffs Officers both have professional trade organisations but membership is not compulsory. These are not regulatory bodies. When exercising their enforcement functions, sheriffs are enforcing High Court judgments -they are therefore acting as officers of the court and see themselves as responsible to the judiciary.

Sheriffs enforce all High Court judgments. They also enforce County Court warrants over £5,000. County Court warrants over £600 may also become their responsibility in certain circumstances.

Civilian Enforcement Officers

A number of MCCs employ civilian enforcement officers (CEOs) under the provisions of section 92 of the Access to Justice Act 1999 and Magistrates' Courts (Civilian Enforcement Officers) Rules 1990 (as amended).

CEOs are able to execute a range of warrants including warrants of arrest and commitment for non-payment of fines and other sums adjudged to be paid, as well as warrants of arrest for breaches of community sentences. They do not usually execute warrants of distress.

Some local authorities also employ CEOs to execute warrants of arrest for non-payment of local tax debts.

Approved Enforcement Agencies

MCCs may also contract work out to approved enforcement agencies (AEAs), as defined by section 31A of the Justices of the Peace Act 1997. Private enforcement agencies wishing to become AEAs must satisfy the requirements of the Approval of Enforcement Agencies Regulations 2000 (SI2000 No. 3279).


Professional Associations

Certificated Bailiffs Association

Appointment and Training

To join the association, individual members have to pass an examination, which is based on the Institute of Revenues, Rating and Valuations textbook ‘Distress for local taxation and rent'. The association is seeking to agree a link with a higher education institute to strengthen exam procedures and hence improve its standing. Passing this exam can be used as evidence of suitability for obtaining a bailiff's certificate (in conjunction with references, details of previous experience, evidence of credit history etc.), but the association does not insist on employees of a CBA member firm being certificated and appear to provide no further training.

Complaints Handling

The CBA does have a complaints procedure in place. Any complaints are made initially to the member company; if not resolved, they are passed on to the CBA secretary to investigate; if still not resolved, they are passed to the CBA Executive Council. If there is still no satisfactory resolution reached, the matter can be referred to the CBA Complaints Panel, an independent body including representatives from magistrates courts, local authorities and the debt advice sector. Approximately 12 complaints per year get this far, and the decisions made are final. Notices issued to debtors generally contain advice to complain to the manager of the member company involved if there is a grievance. No specific information about the full CBA complaints procedure is included, although they have agreed to issue a new leaflet to cover this.

Association of Civil Enforcement Agencies

Training

ACEA is strongly in favour of a vigorous bailiff training regime, eventually leading to an NVQ qualification. They feel that the current certification requirements are not strong enough from a knowledge viewpoint. However, they do not wish to see certification scrapped but rather that a bailiff qualification and certification should complement each other, with the NVQ building on the basic certification requirements.

Complaints

Handling ACEA's complaints procedure is in many ways similar to the CBA's. Complaints are made in the first instance to the member company. They must respond within 14 days, including with the response a leaflet setting out the ACEA complaint procedure in full. (These are also available from Citizens Advice Bureaux and courts). If the complaint is still not resolved, the matter is reviewed by a panel of three of ACEA's directors; if still not resolved after that, it is passed on to an independent review panel, similar in make up to that of the CBA's. Again, their decision is final.

Sheriffs

Training

The Sheriffs Officers Association handbook, ‘The Execution of Sheriffs Warrants', covers the law, practical aspects, fee scales, types of writ and so on. All members are also required to take a two part exam. The first part is a researched paper on a point of law chosen by the Association, the second is a question paper on enforcement law and fees. The College of Perceptors (Cambridge) acts to approve the standards required and oversees the exam. The Association is hoping to expand the scope of the exam with the help of the Institute of Legal Executives. Membership of the Association is open to anyone who wishes to take the exam.

Regulation

The National Sheriffs Federation has confirmed that a charter of good practice does exist, but primarily they rely on contact with advice agencies and complaints from debtors to regulate their conduct. They see their primary function as the enforcement of court orders, and therefore consider themselves as accountable to the courts.

Complaints

The Sheriffs Officers Association do not provide debtors with information as to how to complain. The justification for this was that in the main they deal with business people who mostly already know how to complain and who to complain to, and would probably have their solicitors/legal department involved from the outset of any dispute anyway. But complaints may also be made direct to the Sheriffs Officers Association

Employees of an AEA can execute the same range of warrants as a CEO, and, in addition, are more likely to execute warrants of distress. It is the responsibility of the MCC to monitor the performance of the AEA under the terms of the contract.


County Court Judgments

Fees

Where the sum of money to be recovered is £125 or less - £25

Where the sum of money to be recovered is more than £125 - £45 This fee covers all visits made by bailiffs.

Charges

Transport of removed goods - Reasonable costs. Where no goods are removed, the law doesn’t define charges for attendance with a van. However, it is likely that reasonable costs could be made, provided that goods are levied.

Storage of removed goods - Reasonable costs.

Valuation - Reasonable costs of an independent person. If a bailiff values the goods, there is a charge of 5% of the value of the goods.

Sale of Goods - 15% of the proceeds of sale. The 15% includes any out-of-pocket expenses. If the goods are not sold because the warrant is suspended or the debtor pays the debt, a charge of 10% of the value of the levied goods will be made plus reasonable transport, storage, valuation and advertising costs already incurred.

Council Tax

Fees

For each liability order where no levy is made, £20 for the first or only visit and £15 for a second visit can be charged.

For levying distress, the following fees may be charged (or a lesser amount if that would be reasonable):

Where the sum due is £100 or less - £20

For the next £400 - 4%

For the next £1,500 - 2.5%

For the next £8,000 - 1%

For an additional sum - 0.25 %

Charges

Walking possession A flat rate of £10

Attendance with vehicle/removal/storage - Reasonable costs and fees incurred.

Valuation - Reasonable costs, but no charge can be made unless the debtor has been advised of the charge and the manner of its calculation, beforehand.

Sale - Up to 15% of the proceeds of sale if the sale is held on auctioneer’s premises plus reasonable out-of-pocket expenses and reasonable advertising costs. Where the sale is held on the debtor’s premises, up to 7.5% of the proceeds of sale, plus reasonable costs. Where sale does not take place £20 or actual costs up to 5% of the amount of the liability order (whichever is the larger sum).

Child Support Agency

Fees

For preparing and sending a letter advising the client that a warrant is with bailiff and requesting the sum due £10

For levying distress where the sum due is not more than £100 £12.50

Where the sum demanded and due exceeds £100:

(i) on the first £100 12.5%

(ii) for the next £400 of arrears 4%

(iii) for the next £1,500 of arrears 2.5%

(iv) for the next £8,000 of arrears 1%

(v) for any additional sum 0.25%

Charges

Walking possession 10p per day

Removal and storage Reasonable costs and fees incurred.

Valuation Reasonable fees and expenses of the broker appraising. Valuation requests must be in writing by the liable person.

Sale Reasonable costs and fees incurred.

(i) where the sale is held on the auctioneer's premises Commission to the auctioneer, an inclusive charge to include out-of-pocket expenses of 15% of the sum realised, and the reasonable cost of advertising.

(ii) where the sale is held on the debtors premises Commission to the auctioneer, in addition to out-of-pocket expenses actually and reasonably incurred, 7.5% of the sum realised, and the reasonable cost of advertising.


Road Traffic (parking penalties)

Fees

For preparing and sending a letter advising the client that a warrant is with bailiff and requesting the sum due. Can be charged only if the letter is sent before a first visit is made. - £11.20

For levying distress where the sum due is not more than £100 £25

For levying distress where the sum due is more than £100 - 28% on the first £200 and 5.5% on any sum over £200.

For attending to levy distress but where no levy is made - Reasonable costs, but not more than the fees that could be charged if a levy were made.

The fee for sending a letter to the debtor can be charged only if the letter is sent before a first visit is made.

Bailiffs are allowed to charge for a maximum of three visits, and burden of proof that a visit was made in the debtor’s absence lies with the bailiff.


Charges

Walking possession - 550p each day for the first 14 days and 5p a day after that.

Valuation - Reasonable fees, charges and expenses of the broker.

Removing goods or attending to remove goods where no goods are removed - Reasonable costs and charges.

Sale of goods - 15% of the proceeds of sale if the sale is held on auctioneer's premises to cover the auctioneers commission and out-of-pocket expenses, plus the reasonable cost of advertising, removal and storage.

OR

7.5% of the proceeds of sale where the sale is held on the debtor's premises to cover the auctioneer's commission, plus out-of-pocket expenses actually and reasonably incurred.

Distress for Rent

The fees that can be charged for one or more visits to the premises in order to levy distress (whether levy is made or not) must be reasonable and not exceed:

Note: the law does not provide for the bailiff to charge VAT on this fee schedule.


Fees

For the first £100 or less of arrears -12.5%

For the next £400 of arrears - 4%

For the next £1,500 of arrears - 2.5%

For the next £8,000 of arrears - 1%

For any additional sum - 0.25%


Charges

Walking possession agreement - 45p per day

Transport and storage of removed goods - Reasonable costs and charges

Valuation At the request in writing of the tenant - Reasonable fees, charges and the expenses of the broker apply.

Sale

(i) where the sale is held on the auctioneer's premises Commission to the auctioneer, an inclusive charge to include out-of-pocket expenses of 15% of the sum realised, and the reasonable cost of advertising, removal and storage.

(ii) where the sale is held on the debtors premises Commission to the auctioneer, in addition to out-of-pocket expenses actually and reasonably incurred 7.5% of the sum realised.

Inland Revenue Income Tax

Fees

For making a visit to the premises with a view to levying distress (whether the levy is made or not).

A sum not exceeding £12.50

Levying distress where the total sum charged is £100 or less. £12.50

Levying distress where the total sum charged is more than £100:

(i) on the first £100 of the amount to be recovered 12.5%

(ii) on the next £400 of arrears 4%

(iii) for the next £1,500 of arrears 2.5%

(iv) for the next £8,000 of arrears 1%

(v) for any additional sum0.25%

Charges

Where close possession is taken £4.50 for the day of levy only.

Where walking possession is taken 45p per day, payable for the day the distress is levied and up to 14 days thereafter

Removal and storage of goods The reasonable costs and charges of removal and storage.

Appraisement The reasonable fees, charges and expenses of the person appraising

Sale

(i) where the sale is held on the auctioneer's premises, for the auctioneer's commission (to include all out-of-pocket expenses other than charges for advertising removal and storage).15% of the sum realised, plus the reasonable costs of advertising, removal and storage.

(ii) Where the sale is held on the debtor's premises, (to include all out-of-pocket expenses other than charges for advertising removal and storage). 7.5% of the sum realised, plus out-of-pocket expenses actually and reasonably incurred, and the reasonable cost of advertising


Inland Revenue National Insurance Contributions

Fees

For making a visit to the premises with a view to levying distress (whether the levy is made or not). A sum not exceeding £12.50

Levying distress where the total sum certified is £100 or less. £12.50

Levying distress where the total sum certified is more than £100:

(i) on the first £100 of the amount to be recovered 12.5%

(ii) on the next £400 of arrears4%

(iii) for the next £1,500 of arrears 2.5%

(iv) for the next £8,000 of arrears1%

(v) for any additional sum 0.25%

Charges

Where close possession is taken £4.50 for the day of levy only

Where walking possession is taken 45p per day, payable for the day the distress is levied and up to 14 days thereafter

Removal and storage of goods The reasonable costs and charges of removal and storage.

Appraisement The reasonable fees, charges and expenses of the person appraising

Sale

(i) where the sale is held on the auctioneer's premises, for the auctioneer's commission (to include all out-of-pocket expenses other than charges for advertising removal and storage).15% of the sum realised, plus the reasonable costs of advertising, removal and storage.

(ii) Where the sale is held on the debtor's premises, (to include all out-of-pocket expenses other than charges for advertising removal and storage). 7.5% of the sum realised, plus out-of-pocket expenses actually and reasonably incurred, and the reasonable cost of advertising


Magistrates Court Fines

There is no statutory scale of fees applicable to the execution of distress warrants in the magistrates' courts.

Rule 54 of the Magistrates' Courts Rules 1981 simply states that the bailiff may deduct and retain the proper costs and charges of executing a warrant from the proceeds of an eventual sale of goods distrained.

Guidance issued by LCD to all magistrates' courts in 1997 stated that every MCC should "determine a scale of fees which it considers reasonable and not disproportionate to the amount due under any warrant. It should then … seek to ensure that the scale is adhered to."

The law doesn’t lay down a prescribed fee schedule so there’s is no fixed scale of fees and charges that bailiffs must make. Charges must be reasonable and each court or authority will have agreements with firms of bailiffs it uses. Home Office guidance recommends that all charges must be agreed by the court before levy and must not be disproportionate to the amount due.

You can write to the relevant authority under Section 8 of the Freedom of Information Act 2000 and ask for their fee tariffs they have agreed with their bailiffs.

YOUR ADDRESS

LINE 2

LINE 3

POSTCODE


NAME OF AUTHORITY

ADDRESS LINE 1

ADDRESS LINE 2

ADDRESS LINE 3

POSTCODE


DATE


Dear Sir/Madam


Re: Request under Section 10 of the Freedom of Information Act 2000

I write requesting a copy of the fee schedules you have agreed with your enforcement officers and bailiff contractors effective as of DATE to be delivered to me at the above address within twenty working days or as prescribed under the Act.

Yours Sincerely

YOUR NAME

Note: the authority is entitled ask for a fee under Section 9 of the Act and can withhold requested information until that fee is paid.


Licensed to Burgle. Sourced from: Section 27 of Domestic Violence, Crime and Victims Act 2004

Always use caution when handling these types of bailiffs. The law protects bailiffs from criminal liability when using violence or committing common assault against persons in their homes. If the court orders it, bailiffs can lawfully commit burglary criminal damage and extortion. But it’s rare and in any event contradicts several articles and protocols of the European Convention of Human Rights. Bailiffs are still liable from civil claims brought under the Personal Injury Protocol.

Bailiff Fees for Magistrates Distress Warrant

See here


Bailiffs Fees

Updated Fees as of February 2008

High Court Enforcement Officers Fees

Fees charged by High Court Enforcement Officers are set out in Schedule 3 of The High Court Enforcement Officers Regulations 2004 Here

Where the sum due is £100 or less - 5%

Above £100 - 2.5%

Mileage - 29.2p per mile Max £50


Charges

Seizure of goods - £2 per site

Walking possession fee - £3.25 a day

Transport and storage of removed goods - Reasonable costs

Valuation - Reasonable costs

Sale of goods by auction

Up to £100 - 15%

Next £900 - 12.5%

Above £1000 - 10%