Dealing with Bailiffs

Key Takeaways

1. You can apply to stay the writ and set aside the judgment if you did not know about it, acted promptly once aware, and have a defence. This stops enforcement and cancels bailiff fees.


2. The application is made at the issuing High Court or the Royal Courts of Justice. A witness statement and draft order must be filed. A fee applies, though remission is available for low-income applicants.


3. A variation of the judgment (to pay by instalments) can be sought instead. This also stops enforcement and removes bailiff fees.


4. If bailiff fees are excessive or unlawful, you can apply for a stay and a detailed assessment. This is appropriate where fees were charged for steps not taken, where there is no valid controlled goods agreement, or where the writ is defective.


5. Paying the full amount directly to the creditor ends enforcement. Bailiff fees become irrecoverable, and goods must be returned if already taken. You must notify the bailiff in writing.


6. Bailiffs cannot continue enforcement once full payment is made. Any further steps taken may breach paragraph 6 or 58 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.


7. "Amount outstanding" excludes bailiff fees unless goods have been lawfully taken into control. Goods are not controlled unless secured, removed, or subject to a signed controlled goods agreement.


8. Never pay the bailiff directly, as doing so may result in unlawful fee recovery under a pretence of control.


9. Improper enforcement steps after payment or without authority entitle you to seek legal redress under paragraph 66 of Schedule 12. Costs are typically recoverable on the indemnity basis from the bailiff company.


10. Always check whether a County Court judgment exists before accepting the validity of enforcement. A writ cannot be issued without a valid judgment.

Where a judgment has been entered without your knowledge, and you act promptly upon discovering it and have reasonable grounds to defend it, the appropriate remedy is to apply for a stay of execution of the writ and for the judgment to be set aside. This application must be made without delay, supported by a witness statement, a draft order, and completed application form. The application should be filed at the High Court District Registry from which the writ was issued, or at the Royal Courts of Justice on the Strand in London. There is an application fee of approximately £100, but those on low income may apply for fee remission online.

Once the stay is granted, enforcement action must cease and all enforcement fees charged by the bailiff are revoked. You must serve the stay order on the bailiff company immediately. If you have already paid enforcement fees, you may recover them from the bailiff company. Should the bailiff refuse to refund, you may apply for a detailed assessment under CPR Part 47 to challenge the lawfulness and proportionality of the fees claimed.

If you do not wish to challenge the judgment entirely but instead seek to vary the instalment terms, you may apply to stay enforcement and vary the judgment, disclosing your financial means. The process is similar but requires completion of an income and expenditure statement. A variation order also stays enforcement and cancels any further enforcement fees. Any money already taken by the bailiff will be credited against the outstanding judgment debt.

Where you believe the enforcement fees are excessive or have been unlawfully applied, you may apply solely for a stay of enforcement and a detailed assessment of those fees. This is particularly appropriate where you have been charged fees for enforcement stages that did not occur, VAT on fees where none is due, or sale stage fees where no controlled goods agreement was made or where no goods were taken into control. It also applies where the writ of control is defective, the enforcement address is incorrect, or where you are classed as vulnerable and this was ignored by the enforcement agent.

A separate route of enforcement termination arises where you pay the amount outstanding directly to the judgment creditor. Payment may be made by cheque accompanied by a written note referencing the case. You should retain a photograph of the cheque and proof of posting by registered delivery. The bailiff must then stand down, as the enforcement power ceases upon payment of the amount outstanding. This principle is set out in paragraph 31 of the Taking Control of Goods: National Standards 2014, which states that enforcement agents must not enforce fees where the enforcement power has ceased.

The relevant statutory framework is set out in Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Paragraph 6 provides that goods are no longer bound where the amount outstanding has been paid or the enforcement power otherwise ceases. Paragraph 58 confirms that where the debtor pays in full after control of goods but before sale, the goods must be returned and no further enforcement steps may be taken. Paragraph 59 provides that if enforcement continues despite payment in full, the agent and any related party will not be protected unless they can show they had no notice and would not have discovered the payment even with reasonable enquiries.

For the avoidance of doubt, paragraph 50(3) defines "amount outstanding" as the unpaid judgment debt and any recoverable enforcement costs. If goods have not been taken into control, the only amount outstanding is the judgment sum. To lawfully take control of goods, the enforcement agent must take one of the steps in paragraph 13, which include securing goods on premises, removing them, or entering into a controlled goods agreement.

In practice, when paying direct, you must make the cheque payable to the creditor, not the bailiff. Include a covering letter and send it by registered post. You should also notify the bailiff company and enforcement agent in writing and by text that the amount has been paid, retaining a full record of all correspondence.

You should never pay the bailiff directly, as they may mischaracterise the payment as money taken under control. This would enable them to claim enforcement fees which are not lawfully due, potentially amounting to fraud if backdated or falsely attributed to enforcement stages. If the creditor obstructs matters or the bailiff continues enforcement after payment, you may apply to set aside or vary the writ. In such cases, you may instruct a solicitor to bring proceedings under paragraph 66 of Schedule 12 for breach of the statutory enforcement procedure. The bailiff company will be liable for your legal costs on the indemnity basis, as they are insured to cover breaches of enforcement law.

Should you choose to pay and later reclaim, or where you believe the debt or enforcement is non-compliant with the relevant regulations, refer to the checklist for enforcement irregularities and consider obtaining a judgment set-aside. Finally, it is prudent to check for existing County Court Judgments via Trust Online. A writ of control cannot be lawfully issued without an underlying judgment, and no such judgment should be granted if the court received a returned response pack marked "Gone Away".

These remedies are designed to safeguard the rights of debtors while maintaining fair enforcement procedure. Enforcement agents must act strictly within the authority conferred by the warrant and Schedule 12 of the 2007 Act.

Protecting Your Position

If you are unsure whether any of the above circumstances apply to your case, or if you are facing continued enforcement despite having taken steps to comply with the law, it may be appropriate to prepare a short chronology of events and gather the relevant documents, including the writ, any bailiff notices, payment records, and correspondence with the creditor. A clear record will assist in identifying any procedural errors or breaches of statutory duty, and will place you in the strongest position to seek redress through the appropriate legal channels.