Regulation 9 Other fees and disbursements recoverable from the debtor in relation to sale of goods by auction or by private saleF3I1
England and Wales
The enforcement agent may recover disbursements related to the sale of the goods from the debtor in accordance with this regulation and regulations 10 and 11.
Where the sale is held on premises provided by the auctioneer conducting the sale, the enforcement agent may recover from the debtor—
a sum in respect of the auctioneer’s commission not exceeding 15% of the sum realised by the sale of the goods;
the auctioneer’s out of pocket expenses; and
reasonable disbursements incurred in respect of advertising the sale.
Where the sale is held on other premises in accordance with regulations made under paragraph 43 of Schedule 12, the enforcement agent may recover from the debtor the sums and disbursements referred to in paragraph (2), except that the sum referred to in paragraph (2)(a) may not exceed 7.5% of the sum realised by the sale of the goods.
Where the goods are—
auctioned by way of an internet auction site; or
sold other than by auction,
F1the enforcement agent may recover from the debtor a fee of 7.5% of the sum realised by the sale of the goods in addition to the fees set out in the Schedule and, where the creditor is not VAT-registered, the sum equivalent to VAT on that fee.
The fee in paragraph (4) is exclusive of VAT.
Annotations
Textual amendments
- F1
Words in reg. 9(4) substituted (9.12.2021) by The Taking Control of Goods (Fees) (Amendment) Regulations 2021 (S.I. 2021/1288), regs. 1(1), 3(5)(b)
- F2
Reg. 9(5) inserted (9.12.2021) by The Taking Control of Goods (Fees) (Amendment) Regulations 2021 (S.I. 2021/1288), regs. 1(1), 3(5)(c)
- F3
Reg. 9 heading substituted (9.12.2021) by The Taking Control of Goods (Fees) (Amendment) Regulations 2021 (S.I. 2021/1288), regs. 1(1), 3(5)(a)