Regulation 3 Amendments to the Taking Control of Goods (Fees) Regulations 2014

(1)

The Taking Control of Goods (Fees) Regulations 2014^f1 are amended as follows.

(2)

In regulation 2 (interpretation), after the definition of “proceeds” insert—

““repayment arrangement” has the meaning given by regulation 9(2) of the Taking Control of Goods Regulations 2013;”.

(3)

In regulation 4(5) (recovery of fees for enforcement-related services from the debtor)—

(a)

before sub-paragraph (a) insert—

“(aa)

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;

(ab)

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—

(i)

if no contact is established during a subsequent visit, or

(ii)

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;”.

(b)

In sub-paragraph (a)—

(i)

at the beginning, after “Where” insert “the debtor makes payment in full or”;

(ii)

before “a controlled goods agreement” insert “a repayment arrangement or”.

(c)

In sub-paragraph (b), in each place it occurs, before “a controlled goods agreement” insert “a repayment arrangement or”.

(4)

In regulation 6(1) (stages of enforcement for which fees may be recovered – enforcement of High Court writs)—

(a)

in sub-paragraph (b)—

(i)

at the beginning, after “where” insert “the debtor makes payment in full or”;

(ii)

before “a controlled goods agreement” insert “a repayment arrangement or”;

(iii)

for “the agreement” substitute “payment in full is made or the repayment arrangement or controlled goods agreement”;

(b)

in sub-paragraph (c)—

(i)

in each place it occurs, before “a controlled goods agreement” insert “a repayment arrangement or”;

(ii)

in paragraph (i), at the beginning, after “where” insert “payment in full is not made or”;

(iii)

in paragraph (ii)—

(aa)

for “breaches that agreement” substitute “breaches that arrangement or agreement”, and

(bb)

for “breaches the agreement” substitute “breaches the arrangement or agreement“.

(5)

In regulation 7 (calculation of fees by reference to value of sum sought to be recovered)—

(a)

in paragraph (a), for “£1500” substitute “£1900”, and

(b)

in paragraph (b), for “£1000” substitute “£1200”.

(6)

In the Schedule (fees recoverable under regulation 4)—

(a)

For Table 1 (Enforcement other than under a High Court Writ) substitute—

Table 1

Enforcement other than under a High Court Writ

Fee Stage Fixed Fee Percentage fee (regulation 7): percentage of sum to be recovered exceeding £1900

Compliance stage £79.00 0%
Enforcement stage £247.00 7.5%
Sale or disposal stage £116.00 7.5%

Fee Stage	Fixed Fee	Percentage fee (regulation 7): percentage of sum to be recovered exceeding £1900
Compliance stage	£79.00	0%
Enforcement stage	£247.00	7.5%
Sale or disposal stage	£116.00	7.5%

(b)

For Table 2 (Enforcement under a High Court Writ) substitute—

Table 2

Enforcement under a High Court Writ

Fee Stage Fixed Fee Percentage fee (regulation 7): percentage of sum to be recovered exceeding £1200

Compliance stage £79.00 0%
First enforcement stage £200.00 7.5%
Second enforcement stage £520.00 0%
Sale or disposal stage £550.00 7.5%

Fee Stage	Fixed Fee	Percentage fee (regulation 7): percentage of sum to be recovered exceeding £1200
Compliance stage	£79.00	0%
First enforcement stage	£200.00	7.5%
Second enforcement stage	£520.00	0%
Sale or disposal stage	£550.00	7.5%

Annotations

Footnotes

f1: S.I. 2014/1, amended by S.I. 2021/1288.