Regulation 4 Recovery of fees for enforcement-related services from the debtorI1
England and Wales
The enforcement agent may recover from the debtor—
the fees indicated in the Schedule; and
where the creditor is not VAT-registered, the sum equivalent to VAT on those fees,
in accordance with this regulation and regulations 9, 11, 12, 13, 16, 17 and 18, by reference to the stage, or stages, of enforcement for which enforcement-related services have been supplied.
The fees referred to in paragraph (1) F2and the sum equivalent to VAT on those fees may be recovered out of proceeds.
The enforcement agent may recover under this regulation the whole fee provided in the Schedule for a stage F3and the sum equivalent to VAT on that fee, where the amount outstanding is paid after the commencement, but before the completion, of that stage.
For the purposes of this regulation, the relevant stage of enforcement is determined according to regulation 5 or 6 as appropriate.
Where the enforcement agent is acting under an enforcement power conferred by a High Court writ—
Where no initial contact is established during the first attendance at the premises, the enforcement agent will not proceed to the second enforcement stage until the debtor has been given another opportunity to make payment in full or enter into a repayment arrangement or a controlled goods agreement;
Sub-paragraph (aa) does not prevent the recovery of the fee provided for the first enforcement stage nor does it prohibit advancement to the second enforcement stage—
if no contact is established during a subsequent visit, or
if contact is later made but the debtor does not make payment in full or enter into a repayment arrangement or a controlled goods agreement;
where—
the enforcement agent and the debtor enter into F7a repayment arrangement or a controlled goods agreement which the debtor breaches; or
the enforcement agent and the debtor do not enter into a repayment arrangement or 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.
The fees indicated in the Schedule are exclusive of VAT.
Annotations
Textual amendments
- F1
Reg. 4(1) substituted (9.12.2021) by The Taking Control of Goods (Fees) (Amendment) Regulations 2021 (S.I. 2021/1288), regs. 1(1), 3(3)(a)
- F2
Words in reg. 4(2) inserted (9.12.2021) by The Taking Control of Goods (Fees) (Amendment) Regulations 2021 (S.I. 2021/1288), regs. 1(1), 3(3)(b)
- F3
Words in reg. 4(3) inserted (9.12.2021) by The Taking Control of Goods (Fees) (Amendment) Regulations 2021 (S.I. 2021/1288), regs. 1(1), 3(3)(c)
- F4
Reg. 4(5)(aa)(ab) inserted (1.5.2026) by The Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/366), regs. 1(1), 3(3)(a) (with reg. 1(3))
- F5
Words in reg. 4(5)(a) inserted (1.5.2026) by The Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/366), regs. 1(1), 3(3)(b)(i) (with reg. 1(3))
- F6
Words in reg. 4(5)(a) inserted (1.5.2026) by The Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/366), regs. 1(1), 3(3)(b)(ii) (with reg. 1(3))
- F7
Words in reg. 4(5)(b) inserted (1.5.2026) by The Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/366), regs. 1(1), 3(3)(c) (with reg. 1(3))
- F8
Reg. 4(6) inserted (9.12.2021) by The Taking Control of Goods (Fees) (Amendment) Regulations 2021 (S.I. 2021/1288), regs. 1(1), 3(3)(d)
Commencement
- I1
Reg. 4 in force at 6.4.2014, see reg. 1(1)