Council Tax: recovery of non-payment

Enforcement agent charges and regulations

Enforcement agent charges and regulations
The Taking Control of Goods (Fees) Regulations 2014

Recovery of fees for enforcement-related services from the debtor

  • 4.—(1) — The enforcement agent may recover from the debtor the fees indicated in the Schedule in accordance with this regulation and regulations 11, 12, 13, 16 and 17, by reference to the stage, or stages, of enforcement for which enforcement-related services have been supplied.
  • (2) The fees referred to in paragraph (1) may be recovered out of proceeds
  • (3) The enforcement agent may recover under this regulation the whole fee provided in the Schedule for a stage where the amount outstanding is paid after the commencement, but before the completion, of that stage.
  • (4) For the purposes of this regulation, the relevant stage of enforcement is determined according to regulation 5 or 6 as appropriate.
  • (5) Where the enforcement agent is acting under an enforcement power conferred by a High Court writ—
  • (a)where the enforcement agent and the debtor enter into a controlled goods agreement which the debtor does not breach, only the first enforcement stage fee may be recovered from the debtor; and
  • (b)where—
  • (i)the enforcement agent and the debtor enter into a controlled goods agreement which the debtor breaches; or
  • (ii)the enforcement agent and the debtor do not enter into a controlled goods agreement,
  • both the first enforcement stage and second enforcement stage fees may be recovered from the debtor, and the first enforcement stage fee is recoverable where sub-paragraph (ii) applies notwithstanding that the first enforcement stage did not apply.


Stages of enforcement for which fees may be recovered – enforcement other than under High Court writs

  • 5.—(1) The relevant stages of enforcement under an enforcement power which is not conferred by a High Court writ are as follows—
  • (a)the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the enforcement stage;
  • (b)the enforcement stage, which comprises all activities relating to enforcement from the first attendance at the premises in relation to the instructions up to but not including the commencement of the sale or disposal stage;
  • (c)the sale or disposal stage, which comprises all activities relating to enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale, or from commencing preparation for sale if the sale is to be held on the premises, until the completion of the sale or disposal (including application of the proceeds and provision of the information required by regulation 14).
  • (2) Where the goods against which enforcement is sought are securities, the sale or disposal stage commences with the provision of a notice of disposal in accordance with paragraph 49(2) of Schedule 12.

Stages of enforcement for which fees may be recovered – enforcement of High Court writs

  • 6.—(1) The relevant stages of enforcement under an enforcement power conferred by a High Court writ are as follows—
  • (a)the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the first enforcement stage, or, where sub-paragraph (c)(i) applies, the commencement of the second enforcement stage;
  • (b)where the enforcement agent and the debtor enter into a controlled goods agreement, the first enforcement stage, which comprises all activities relating to enforcement from the first attendance at the premises in relation to the instructions until the agreement is completed or breached;
  • (c)the second enforcement stage, which comprises—
  • (i)where the enforcement agent and the debtor do not enter into a controlled goods agreement, all activities relating to enforcement from the first attendance at the premises in relation to the instructions up to but not including the commencement of the sale or disposal stage;
  • (ii)where the enforcement agent and the debtor enter into a controlled goods agreement but the debtor breaches that agreement, all activities relating to enforcement from the time at which the debtor breaches the agreement up to but not including the commencement of the sale or disposal stage;
  • (d)the sale or disposal stage, which comprises all activities relating to enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale, or from commencing preparation for sale if the sale is to be held on the premises, until the completion of the sale or disposal (including application of the proceeds and provision of the information required by regulation14).
  • (2) Where the goods against which enforcement is sought are securities, the sale or disposal stage commences with the provision of a notice of disposal in accordance with paragraph 49(2) of Schedule 12.

Fees 

There are three stages of enforcement and a cost scale associated to each.  These fees are set in law and cannot be changed by us or the enforcement agent:

Stage Fixed fee Percentage fee (percentage of sum to be recovered exceeding £1500)
Compliance stage £75 0%
Enforcement stage £235 7.5%
Sale or disposal stage £110 7.5%