Skip to content

Changes to enforcement agents rules from 6 April 2014

In 2007 the Tribunal Courts and Enforcement Act introduced a new approach to enforcement. However the part of that Act that looked at the way bailiffs operate has only recently been reviewed and the regulations come into force on 6th April 2014. These are the 'Taking Control of Goods' regulations.

Through the new legislation, the Government seeks to balance the ability to collect debt with the rights of the creditor to receive effective and proportionate enforcement.  In particular the Government wanted to: -

· Clarify the law

· Introduce a staged approach

· Obtain clarity of costs

· Remove some of the current areas of contention

From 6 April 2014, changes which include the enforcement of Council Tax and Non-Domestic Rates, come into effect.

Key changes

Process and Fees

After obtaining a liability order, the regulations require three distinct stages following referral to Enforcement Agents. Fees for each stage are now fixed through the legislation: -

1. Compliance - Commenced by passing to Enforcement Agent.  Activities to be undertaken by the Enforcement Agent from receipt of the instruction to recover the debt, up until, but not including the commencement of the Enforcement stage.

Compliance Stage £75.00

2. Enforcement - Commenced by service of a Notice of Enforcement.  All activities of the Enforcement Agent from the first attendance at the premises up to, but not including the commencement of the sale or disposal stage.

Enforcement Stage £235.00 (+ if debt is above £1500, 7.5% of the amount above £1500)

3. Sale or disposal - Commenced by the removal of goods for sale.  All activities of enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale or commencing the preparation for sale, if the sale is to be held on the premises, until completion of the sale or disposal.

Sale or disposal £110.00 (+ if debt is above £1500, 7.5% of the amount above £1500)

Other changes

If you are having difficulties in making your payments then it is absolutely vital that you contact our credit control section on 01205 314353 or come in to see us immediately to avoid enforcement agents being involved and having to pay substantial costs.