Taking control of goods—fees of the enforcement agent
Produced in partnership with Victoria Jones of Freeths

The following Dispute Resolution practice note produced in partnership with Victoria Jones of Freeths provides comprehensive and up to date legal information covering:

  • Taking control of goods—fees of the enforcement agent
  • When do these fees apply?
  • Stages of enforcement
  • Enforcement other than under a High Court writ
  • Enforcement under a High Court writ
  • What fees are recoverable?
  • Enforcement other than under a High Court writ
  • Enforcement under a High Court writ
  • What disbursements are recoverable?
  • What if there is more than one enforcement power in relation to any one debtor?
  • More...

Taking control of goods—fees of the enforcement agent

When do these fees apply?

On 6 April 2014 the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007), Part 3 and sch 12 came into force, along with The Taking Control of Goods Regulations 2013, SI 2013/1894, setting out a new procedure for taking control of goods:

  1. either to satisfy a judgment debt (see: Taking control of the debtor's goods—overview), or

  2. under the commercial rent arrears recovery (CRAR) regime (see Practice Note: Commercial rent arrears recovery (CRAR))

The act of taking control of goods is carried out by authorised enforcement agents. They are entitled to claim certain fixed fees which are detailed in The Taking Control of Goods (Fees) Regulations 2014, SI 2014/1 (the 'Fees Regulations') which also came into force on 6 April 2014.

The Fees Regulations make a distinction between:

  1. enforcement other than under a High Court writ (this would include therefore the CRAR process or a warrant of control issued by the County Court)

  2. enforcement under a High Court writ

The fixed fee structure is based on stages of enforcement.

For guidance on disputes concerning enforcement agent's fees, see Practice Note: Taking control of goods—court applications regarding fees.

Stages of enforcement

The fees recoverable depend on whether control of goods is taken pursuant to a High Court writ of control or some other enforcement power other than under a High Court

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