Challenging bailiffs fees.
Ask the court to examine the bailiffs fees and charges. This is called a detailed assessment hearing and the court procedure is under CPR 84.16.
You don't even need to tell the bailiff company you are doing so.
There are strict rules a bailiff must follow when charging fees, and if he makes a mistake then he is liable on an indemnity basis which means they pay your costs.
If you are a victim of an ANPR drive-by clamping event, then you can do a fee recovery and claim damages
High Court Writs:
Fees are £75 compliance stage fee and £190 enforcement stage fee and 7.5% exceeding £1000.
VAT on fees cannot be recovered from the debtor.
Common High Court bailiff fee errors:
Incorrect fee arithmetic on the bailiff's document.
Charging a 1st enforcement stage fee without a controlled goods agreement.
Charging VAT on fees contrary to this HMRC briefing note.
Charging the 1st and 2nd enforcement stage fees together.
Charging the sale stage fee in advance without removing goods.
Charging any fees when the writ has a different address for the debtor from the address the bailiff attended.
Taking fees from vulnerable people.
Detailed assessments into High Court bailiffs fees are made by a costs judge sitting at the High Court.
You can apply for your costs under CPR 46.5 and which may be recovered from the other party or the bailiff company.
Always apply for a stay on the enforcement power - to prevent any further bailiff action while the detailed assessment is being considered by the court.
If the bailiff's fees are manifestly excessive, then apply for exemplary costs.
Council tax, traffic debts and court fines:
£75 compliance stage fee and £235 enforcement stage fee.
If the debt is more than £1500 then he may charge 7.5% exceeding £1500
If the bailiff did not give the debtor a statutory notice of enforcement before clamping or removing a vehicle, then all the fees and charges are invalid.
A detailed assessment can suspend the enforcement power and order the return of the goods. If you can show that your current address if not the address on the warrant, then enforcement fails and a detailed assessment can provide the remedy and creates an avenue for you to claim damages for the unlawful deprivation of the use of your vehicle.
Bailiffs disbursements
Disbursements can only be recover disbursement from the debtor if they have been reasonably and actually incurred.
What fees can be disputed
You must give evidence with your application.
The fixed fee £75 and £235 and £110 sale stage fee and costs charged are wrong in some way.
Fees and costs for services were charged AFTER the debt was paid
You were charged the £235 enforcement stage fee more than once in respect of multiple debts being recovered at the same time
The bailiff recovered fees while you are classed a vulnerable person and the bailiff failed to allow you sufficient time to seek advice before clamping or removing your vehicle or goods.
The bailiff wrongly calculated the 7.5% exceeding £1000 for high court writs, or exceeding £1500 for all other debts.
Money taken that is not prescribed or ordered by the court.
Storage costs, or other disbursement not paid by the bailiff for storing debtors goods.
Gather the following:
1. Evidence of the money taken or demanded by the bailiff.
2. If a High Court writ, the judgment claim number.
3. A copy of the judgment downloaded from www.trustonline.org.uk or from the Court Service
4. The name of the creditor or judgment claimant.
5. The name of the bailiff company
6. The name of the bailiff.
7. Evidence of disbursements claimed to be paid by the bailiff for taking control of the debtor's goods (costs)
8. Evidence of your current address if different from the judgment address (If a traffic debt: call Traffic Enforcement Centre (0300 123 1059 & press 4) accepts your previous address or postcode in the security check, you have proven the warrant address is wrong).
It doesn't matter if you have been overcharged just by £1, the disobedient party pays all your costs.
For manifestly excessive charges, apply for exemplary costs. or costs on the indemnity basis.
Except for High Court writs, detailed assessment applications are made to a County Court otherwise, at the High Court.
The rules are prescribed in Civil Procedure Rule 84.16 and practice direction 84
You can be represented, the Creditor instructing pays your legal costs, Or if you represent yourself and claim litigant in person costs under CPR 46.5. Consider having your detailed assessment professionally prepared, the cost is also recoverable.