Taking control of goods—court applications regarding fees
Taking control of goods—court applications regarding fees

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Taking control of goods—court applications regarding fees
  • Where do I find information about fees recoverable by enforcement agents?
  • Can the enforcement agent recover exceptional disbursements beyond the fixed fees?
  • What if a co-owner disputes the amount of their share of the sale proceeds?
  • What if there is disagreement in relation to the enforcement agent's fees?

Where do I find information about fees recoverable by enforcement agents?

The power and process to seize a judgment debtor's goods and sell them to satisfy a judgment debt are set out in the Tribunals, Courts and Enforcement Act 2007 (TCEA, 2007), Part 3 and sch 12.

The detail of the 'taking control of goods' ('TCG') procedure is then set out in:

  1. The Taking Control of Goods Regulations 2013, SI 2013/1894

  2. The Taking Control of Goods (Fees) Regulations 2014, SI 2014/1

The above set out the procedure and fee recovery in respect of taking control of goods:

  1. to satisfy a judgment debt; and

  2. under the CRAR (commercial rent arrears recovery) procedure (with additional material being contained in TCEA 2007, ss 71–87 and The Taking Control of Goods Regulations 2013, SI 2013/1894, Part 7)

For guidance on the operation of the Taking Control of Goods (Fees) Regulations 2014 see Practice Note: Taking control of goods—fees of the enforcement agent.

This Practice Note considers how some of the applications regarding disputes as to fees are to be dealt with. All applications under the TCG procedure are to be made using CPR 23 as modified by CPR 85.

For guidance on other applications that may arise in connection with the TCG procedure, see: Who can make an application under the Taking Control of Goods (TCG) procedures? and