Existing types of bailiffs
County Court Bailiffs
County court bailiffs are established civil servants. They are employees of the Court Service, and therefore are LCD staff. They are therefore subject to the Civil Service rules on recruitment, appraisal and monitoring.
They are subject to the control of the Court Manager, but they are also, under section 123 of the County Courts Act 1984, currently responsible to the district judge for their actions and defaults in the operation of their duties.
They are responsible for the enforcement of orders of the County Court. This can be in the form of recovering money through a Warrant of Execution, land or property through a Warrant of Possession, or to recover goods under a Warrant for Return of Goods. They are also responsible for the personal service of court documents and Warrants of Committal. (All County Court orders under £600 are their responsibility; all those over £5,000 (except Consumer Credit Act cases) can only be enforced by a sheriff).
Certificated Bailiffs
Certificated bailiffs are granted a certificate by a County Court judge which allows them to levy distress for rent. The certificate lasts two years and authorises the bailiff to levy distress anywhere in England and Wales. To obtain a
certificate, the applicant must satisfy the judge that he is a fit and proper person to hold a certificate, that he has a sufficient knowledge of the law of distress, and that he is not in the business of buying debts. They must also provide two references and a security bond of £10,000.
They are not officers of the court and are not employed by the court. However, they are seen as representatives of the court because they act under the authority of a court issued certificate. The court therefore exercises, under the certification process, a certain amount of control over the standards of competence and conduct of these bailiffs. Other than that, there is no formal regulatory structure of certificated bailiffs, although those that are members of the Certificated Bailiffs Association are subject to the complaints procedure of that body.
Only certificated bailiffs can carry out distress for rent, council tax, non-domestic rates and parking fines.
Private Bailiffs
Private bailiffs include all private sector bailiffs who are not sheriffs or certificated bailiffs. (The use of the term ‘bailiff’ is not restricted by law). They are generally employees of private companies. There is no requirement for employees of such companies to be certificated or to pass the CBA examination.
There is no general statutory control over the competence and conduct of private bailiffs. There is no compulsory membership of a trade body (although many bailiff firms do join ACEA which does have an established complaints
a n n e x c
procedure). The creditor employing the bailiff effectively sets out the terms and conditions under which they work and they are not officers of the court, even if they are enforcing court orders.
Unless otherwise restricted as to who can levy distress for a particular type of debt by statute, what type of debt a private bailiff enforces is a matter of contract between the creditor and the bailiff. Examples of the types of debt they deal with include magistrates’ fines, unpaid community charge, non-domestic rates and council tax.
Distrainors
There are certain areas of civil enforcement where other people have the statutory right to levy distress for certain types of debt. An example of this is the Collector of Taxes right, under section 61 of the Taxes Management Act 1970, to levy distress for unpaid tax and NIC.
Inland Revenue staff are civil servants, and are subject to the same recruitment, appraisal and monitoring standards as all civil servants, including County Court bailiffs.
There is an established structure for complaints and accountability. In the first instance, complaints are made to the Officer in Charge of the relevant office. Beyond that, there is scope for complaint to Regional Offices, M.P.s, and to the Revenue Adjudicator.
The type of debt that can be levied for and the conduct of the levy are restricted both by statute and by internal Inland Revenue instructions.
Sheriffs
The rules governing the appointment of High Sheriffs, Under Sheriffs and Sheriffs Officers are laid down in the Sheriffs Act 1887.
All appointees are technically responsible to the High Sheriff, and can be dismissed by him without notice or compensation. Under Sheriffs tend to be solicitors and their actions are therefore governed by the Law Society. Under Sheriffs and Sheriffs Officers both have professional trade organisations but membership is not compulsory. These are not regulatory bodies. When exercising their enforcement functions, sheriffs are enforcing High Court judgments – they are therefore acting as officers of the court and see themselves as responsible to the judiciary.
Sheriffs enforce all High Court judgments. They also enforce County Court warrants over £5,000. County Court warrants over £600 may also become their responsibility in certain circumstances.
Civilian Enforcement Officers
A number of MCCs employ civilian enforcement officers (CEOs) under the provisions of section 92 of the Access to Justice Act 1999 and Magistrates’ Courts (Civilian Enforcement Officers) Rules 1990 (as amended). CEOs are able to execute a range of warrants including warrants of arrest and commitment for non-payment of fines and other sums adjudged to be paid, as well as warrants of arrest for breaches of community sentences. They do not usually execute warrants of distress. Some local authorities also employ CEOs to execute warrants of arrest for non-payment of local tax debts.
Approved Enforcement Agencies
Professional Associations
Certificated Bailiffs Association
Appointment and TrainingTo join the association, individual members have to pass an examination, which is based on the Institute of Revenues, Rating and Valuations textbook ‘Distress for local taxation and rent’. The association is seeking to agree a link with a higher education institute to strengthen exam procedures and hence improve its standing. Passing this exam can be used as evidence of suitability for obtaining a bailiff’s certificate (in conjunction with references, details of previous experience, evidence of credit history etc.), but the association does not insist on employees of a CBA member firm being certificated and appear to provide no further training.
Complaints HandlingThe CBA does have a complaints procedure in place. Any complaints are made initially to the member company; if not resolved, they are passed on to the CBA secretary to investigate; if still not resolved, they are passed to the CBA Executive Council. If there is still no satisfactory resolution reached, the matter can be referred to the CBA Complaints Panel, an independent body including representatives from magistrates courts, local authorities and the debt advice sector. Approximately 12 complaints per year get this far, and the decisions made are final. Notices issued to debtors generally contain advice to complain to the manager of the member company involved if there is a grievance. No specific information about the full CBA complaints procedure is included, although they have agreed to issue a new leaflet to cover this.
Association of Civil Enforcement Agencies
TrainingACEA is strongly in favour of a vigorous bailiff training regime, eventually leading to an NVQ qualification. They feel that the current certification requirements are not strong enough from a knowledge viewpoint. However, they do not wish to see certification scrapped but rather that a bailiff qualification and certification should complement each other, with the NVQ building on the basic certification requirements.
Complaints Handling ACEA’s complaints procedure is in many ways similar to the CBA’s. Complaints are made in the first instance to the member company. They must respond within 14 days, including with the response a leaflet setting out the ACEA complaint procedure in full. (These are also available from Citizens Advice Bureaux and courts). If the complaint is still not resolved, the matter is reviewed by a panel of three of ACEA’s directors; if still not resolved after that, it is passed on to an independent review panel, similar in make up to that of the CBA’s. Again, their decision is final.
Sheriffs
TrainingThe Sheriffs Officers Association handbook, ‘The Execution of Sheriffs Warrants’, covers the law, practical aspects, fee scales, types of writ and so on. All members are also required to take a two part exam. The first part is a researched paper on a point of law chosen by the Association, the second is a question paper on enforcement law and fees. The College of Perceptors (Cambridge) acts to approve the standards required and oversees the exam. The Association is hoping to expand the scope of the exam with the help of the Institute of Legal Executives. Membership of the Association is open to anyone who wishes to take the exam.
RegulationThe National Sheriffs Federation has confirmed that a charter of good practice does exist, but primarily they rely on contact with advice agencies and complaints from debtors to regulate their conduct. They see their primary function as the enforcement of court orders, and therefore consider themselves as accountable to the courts.
ComplaintsThe Sheriffs Officers Association do not provide debtors with information as to how to complain. The justification for this was that in the main they deal with business people who mostly already know how to complain and who to
Current fee structure
County Court Judgments .
. .
Council Tax .
. .
Charges
Walking possession £10
Attendance with vehicle/removal/storage Reasonable costs and fees incurred.
Valuation Reasonable costs, but no charge can be made unless the debtor has been advised of the charge and the manner of its calculation, beforehand.
Sale Reasonable costs and fees incurred.
Where sale does not take place £20 or actual costs up to 5% of the amount of the liability order (whichever the larger sum).
Fees
For each liability order where no levy is made, £20 for the first or only visit and £15 for a second visit can be charged.
For levying distress, the following fees may be charged (or a lesser amount if that would be reasonable):
Where the sum due is £100 or less £20
For the next £400 4%
For the next £1,500 2.5%
For the next £8,000 1%
For an additional sum 0.25 %
Charges
Transport of removed goods The reasonable expenses incurred.
Storage of removed goods Reasonable costs.
Valuation Reasonable costs of an independent person. If a bailiff values the goods, there is a charge of 5% of the value of the goods.
Sale 15% of the amount realised by the sale or such other sum as the district judge may consider to be justified in the circumstances.
Fees
Where the sum of money to be recovered is £125 or less £25
Where the sum of money to be recovered is more than £125 £45
Child Support Agency .
. .
Charges
Walking possession 10p per day
Removal and storage Reasonable costs and fees incurred.
Valuation Reasonable fees and expenses of the broker appraising. Valuation requests must be in writing by the liable person.
Sale
(i) where the sale is held on the auctioneer’s premises Commission to the auctioneer, an inclusive charge to include out-of-pocket expenses of 15% of the sum realised, and the reasonable cost of advertising.
(ii) where the sale is held on the debtors premises Commission to the auctioneer, in addition to out-of-pocket expenses actually and reasonably incurred, 7.5% of the sum realised, and the reasonable cost of advertising.
Fees
For preparing and sending a letter advising the client £10 that a warrant is with bailiff and requesting the sum due
For levying distress where the sum due is not more than £100 £12.50
Where the sum demanded and due exceeds £100:
(i) on the first £100 12.5%
(ii) for the next £400 of arrears 4%
(iii) for the next £1,500 of arrears 2.5%
(iv) for the next £8,000 of arrears 1%
Road Traffic (parking penalties) .
. .
Charges
Walking possession 50p each day for the first 14 days and 5p a day after that.
Valuation Reasonable fees, charges and expenses of the broker.
Removing goods or attending to remove goods where no Reasonable costs and charges. goods are removed
Sale of goods 15% of the proceeds of sale if the sale is held on auctioneer’s premises to cover the auctioneers commission and out-of-pocket expenses, plus the reasonable cost of advertising, removal and storage.
OR
7.5% of the proceeds of sale where the sale is held on the debtor’s premises to cover the auctioneer’s commission, plus out-of-pocket expenses actually and reasonably incurred.
Fees
For preparing and sending a letter advising the client that a £10 warrant is with bailiff and requesting the sum due
For levying distress where the sum due is not more than £100 £25
For levying distress where the sum due is more than £100 25% on the first £200 and 5% on any sum over £200.
For attending to levy distress but where no levy is made Reasonable costs, but not more than the fees that could be charged if a levy were made.
The fee for sending a letter to the debtor can be charged only if the letter is sent before a first visit is made.
Distress for Rent .
. .
Charges
Walking possession agreement 45p per day
Transport and storage of removed goods Reasonable costs and charges
Valuation At the request in writing of the tenant, reasonable fees, charges and the expenses of the broker apply.
Sale
(i) where the sale is held on the auctioneer’s premises Commission to the auctioneer, an inclusive charge to include out-of-pocket expenses of 15% of the sum realised, and the reasonable cost of advertising, removal and storage.
(ii) where the sale is held on the debtors premises Commission to the auctioneer, in addition to out-of-pocket expenses actually and reasonably incurred 7.5% of the sum realised.
Fees
Where the sum demanded and due does not exceed £100 £12.50
Where the sum demanded and due exceeds £100:
(i) on the first £100 12.5%
(ii) for the next £400 of arrears 4%
(iii) for the next £1,500 of arrears 2.5%
(iv) for the next £8,000 of arrears 1%
Inland Revenue Income Tax .
. .
Charges
Where close possession is taken £4.50 for the day of levy only
Where walking possession is taken 45p per day, payable for the day the distress is levied and up to 14 days thereafter
Removal and storage of goods The reasonable costs and charges of removal and storage.
Appraisement The reasonable fees, charges and expenses of the person appraising
Sale
(i) where the sale is held on the auctioneer’s premises, for the 15% of the sum realised, plus the reasonable costs auctioneer’s commission (to include all out-of-pocket of advertising, removal and storage.
expenses other than charges for advertising removal and storage).
(ii) Where the sale is held on the debtor’s premises, 7.5% of the sum realised, plus out-of-pocket (to include all out-of-pocket expenses other than charges expenses actually and reasonably incurred, and for advertising removal and storage). the reasonable cost of advertising.
Fees
For making a visit to the premises with a view to levying distress A sum not exceeding £12.50 (whether the levy is made or not).
Levying distress where the total sum charged is £100 or less. £12.50
Levying distress where the total sum charged is more than £100:
(i) on the first £100 of the amount to be recovered 12.5%
(ii) on the next £400 of arrears 4%
(iii) for the next £1,500 of arrears 2.5%
(iv) for the next £8,000 of arrears 1%
Inland Revenue National Insurance Contributions .
. .
Magistrates Court Fines
There is no statutory scale of fees applicable to the execution of distress warrants in the magistrates’ courts. Rule 54 of the Magistrates’ Courts Rules 1981 simply states that the bailiff may deduct and retain the proper costs and charges of executing a warrant from the proceeds of an eventual sale of goods distrained. Guidance issued by LCD to all magistrates’ courts in 1997 stated that every MCC should “determine a scale of fees which it considers reasonable and not disproportionate to the amount due under any warrant. It should then … seek to ensure that the scale is adhered to.”
Charges
Where close possession is taken £4.50 for the day of levy only
Where walking possession is taken 45p per day, payable for the day the distress is levied and up to 14 days thereafter
Removal and storage of goods The reasonable costs and charges of removal and storage.
Appraisement The reasonable fees, charges and expenses of the person appraising
Sale
(i) where the sale is held on the auctioneer’s premises, for the 15% of the sum realised, plus the reasonable costs auctioneer’s commission (to include all out-of-pocket expenses of advertising, removal and storage.
other than charges for advertising removal and storage).
(ii) Where the sale is held on the debtor’s premises, 7.5% of the sum realised, plus out-of-pocket (to include all out-of-pocket expenses other than charges expenses actually and reasonably incurred, and the for advertising removal and storage). reasonable cost of advertising.
Fees
For making a visit to the premises with a view to levying distress A sum not exceeding £12.50 (whether the levy is made or not).
Levying distress where the total sum certified is £100 or less. £12.50
Levying distress where the total sum certified is more than £100:
(i) on the first £100 of the amount to be recovered 12.5%
(ii) on the next £400 of arrears 4%
(iii) for the next £1,500 of arrears 2.5%
(iv) for the next £8,000 of arrears 1%
£ p 1. (a) For mileagefrom the sheriff’s officer’s residence to the place of levy and return, in respect of one
journey made to seize the goods and where appropriate, one journey made to remove the goods, per mile ………..
(b) when the place of levy is distant more than one mile and a half from the nearest railway station, there may be allowed, in lieu of mileage from the station to the place, out-of-pocket expenses actually and reasonably incurred for conveyance from the station to that place and back to the station.
2. For seizureby the sheriff’s officer for each building or place separately rated at which a seizure is made.
3. For Work Done by the sheriff’s officer in making inquiries as to claims for rent or to the goods where a claim
in writing is received by the sheriff’s officer, including copying claims and giving the necessary notices to all parties, a sum not exceeding…
And for all out-of-pocket expenses actually and reasonably incurred in relation to such work, including postage, telegraphic and telephonic messages, a further sum not exceeding
4. For keeping possession of goods or animals–
(a) where a man is left in physical possession (the man in possession to provide his own board) per man per day
(b) where walking possession is taken under an agreement in the form* set out in the Schedule to the Sheriffs’ Fees (Amendment) Order, 1956, per day
5. For removal of goods or animalsto a place of safe keeping, when necessary, the sum actually and reasonably paid.
6. When goods or animals have been removed, for warehousing or taking charge of the same, the sum actually and reasonably paid.
7. For keep of animals while in the custody of the sheriff, whether before or after removal, the sum actually and reasonably paid.
0 25
3 00
2 00
2 00
2 00
0 29.2
The Sheriff’s Fees Order 1920
(S.R. & O. 1920 No. 1250)
8. For Sale or preparation for Sale by Auction
(1) When sale by auction takes place
(a) where the sale is held on the auctioneer’s premises, for commission to the auctioneer, an inclusive charge to include all out-of-pocket expenses except costs of removal–
On the first £100 £15 per cent
On the next £900 £12.50 per cent
Above £1,000 … £10 per cent
(b) Where the sale is held on the debtor’s premises, for commission to the auctioneer, in addition to out-of-pocket expenses actually and reasonably incurred, 71⁄
2per cent on the sum realised.
(2) When no sale takes placeeither by auction or by private contract.
(a) Where the goods have been removed to the auctioneer’s premises, for commission to the auctioneer, an inclusive charge of 10 per cent of the value of the goods, to include all out-of-pocket expenses except costs of removal.
(b) Where the goods have not been removed from the debtor’s premises but work has been done by the auctioneer or Sheriff’s Officer with a view to sale, for his commission, in addition to out-of-pocket expenses actually and reasonably incurred, 5 per cent of the value of the goods
This fee is to be charged only where the work done includes the preparation of a detailed inventory of the goods seized.
9. For sale by Private Contract.
(a) Half the percentage allowed on a sale by auction; and in addition –
(b) For work actually done in preparing inventory and valuation, and for all work (if any) actually done in preparing for sale by auction a sum not exceeding in any event 21⁄
2per cent on the value of the goods.
(c) And for advertising and giving publicity to any intended sale by auction, printing catalogues and bills and distributing and posting the same and for labour employed in lotting and showing the goods, the sums (if any) actually and reasonably paid.
10. “Sheriff’s poundage on the amount recovered, 5 per cent up to £100 and 21⁄
2per cent above that sum”.
Except where the judgment or order sought to be enforced is for less than £600 and does not entitle the plaintiff to costs against the person against whom the execution is issued, the foregoing fees numbered 1, 2, 3, 4, 5, 6, 7, 8(1), 9 and 10, shall be levied in every case in which an execution is completed by sale, as fees payable to sheriffs were levied before the making of this Order.
In every case where an execution is withdrawn, satisfied, or stopped, the fees under this Order shall be paid by the person issuing the execution, or the person at whose instance the sale is stopped, as the case may be
The amount of any fees and charges payable under this table shall be taxed by Master of the Supreme Court or a District Judge of the High Court, as the case may be, in case the sheriff and the party liable to pay such fees and charges differ as to the amount thereof.
[Here put the letter and number
In the High Court of Justice Division
Between Plaintiff And Defendant To the Sheriff of ]
I hereby request that you will not leave a possession man on my premises in close possession of the goods which you have seized under the writ of execution issued in this section
If this convenience is allowed to me, I undertake, pending the withdrawal or satisfaction of the writ,
-(a) Not to remove the said goods or any part thereof nor to permit their removal by any person not authorised by you in that behalf;
(b) to inform any person who may visit my premises for the purpose of levying any other execution or distress that you are already in possession of my goods under the above writ;
(c) to notify you immediately at your office of any such visit.
And I authorise you, or any of your officers, pending the withdrawal or satisfaction of the above writ, to re-enter my premises at any time and as often as you may consider necessary for the purpose of inspecting the said goods or completing the execution of the writ
Dated this day of 19
Judgment Debtor
The Sheriff’s Fees (Amendment)
Order 1956
To the Order dated May 2, 1921, under the Sheriffs Act 1887, s.20(2), fixing fees to be taken by the sheriff or officer of a sheriff concerned in the execution of process directed to the sheriff in certain proceedings.
On Writs of Possession or Delivery
1. For every warrant which shall be granted by the Sheriff to his officers upon any writ or process (other than process at the suit of the Crown) …..
7A. For mileage from the Sheriff’s Officer’s residence to the place where the land or goods are situated and return, in respect of one journey made to execute a writ of possession or delivery, per mile …
7B. (1) For executing a writ of possession of domestic property within the meaning of section 66 of the Local Government Finance Act 1988 poundage at the rate of 3 per cent of the net annual value for rating shown on the valuation list in force immediately before 1 April 1990 in respect of the property seized, subject to paragraph (3).
(2) For executing a writ of possession of property to which paragraph (1) does not apply, 0.4 per cent of the net annual value for rating of the property seized, subject to paragraph (4).
(3) For the purposes of paragraph (1), where the property does not consist of one or more hereditament which, immediately before 1 April 1990 –
(a) Had a separate net annual value for rating shown on the valuation list then in force and
(b) Was domestic property within the meaning of section 66 of the Local Government Finance Act 1988
The property or such part of it as does not so consist shall be taken to have had such a value for rating equal to two fifteenths of its value by the year when seized.
(4) For the purposes of paragraph (2), where the property does not consist of one or more hereditament having a separate net annual value for rating, the property or such part of it as does not so consist shall be taken to have such a value equal to its value by the year.
7C. For executing a writ of delivery, poundage at the rate of 4 per cent of the value of the goods as stated in the writ of summons or judgment.
The amount of any fees and charges payable under this Table shall be taxed by a Master of the Supreme Court or a District Judge of the High Court, as the case may be, in case the Sheriff and the party liable to pay such fees differ as to the amount thereof.
£0.29.2p £2
Order as to Fees for execution of process
in certain proceedings
(S.R. & O. 1921 No. 827)
Generally
8. For a copy of any return indorsed by the Sheriff on a writ of execution……….
9. For any duty not otherwise provided for, such sums as one of the Masters of the Supreme Court, or District Judges of the High Court may upon special application allow.
Any fee or poundage to be charged under the Order of 1920 or the Order of 1921 or under either of those Orders as amended by this Order, at the rate of 21⁄
2per cent, 71⁄2per cent or 121⁄2per cent on any sum shall be calculated on every £2 or part thereof of that sum.
