Reducing Bailiff Fees Legally

Summary

1. HCEO firms can standardize charges if reasonable (Bernard Loynes v Beswicks Solicitors, 2010 QBD). 2. Enforcement stops once debt is paid (Paragraph 58, Schedule 12, Tribunals, Courts and Enforcement Act 2007). 3. Bailiffs cannot enforce recovery of fees once enforcement action ceases (Guideline 31, Taking Control of Goods: National Standards 2014). 4. Bailiffs remedy choice isnt exclusive (Steel Linings Ltd v Bibby & Co, 1993 EWCA). 5. Debtors can recover bailiff fees paid under protest (Section 15, County Courts Act 1984). 6. No direct contract between defaulters and enforcement company (JBW Ltd v Ministry of Justice, 2012 EWCA). 7. Unlawful bailiff fees are recoverable (Day v Davies, 1938 2 KB 74). 8. Council, not bailiff, liable

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Suammarize and number
*. **Standardizing Charges**:
- HCEO firms can standardize charges if not unreasonable ([Bernard Loynes v Beswicks Solicitors, *] QBD).
*. **Ceasing Enforcement**:
- No further enforcement once debt is paid (Paragraph *, Schedule *, Tribunals, Courts and Enforcement Act *).
*. **Bailiff Fees**:
- Bailiff cannot enforce recovery of fees once enforcement action ceases (Guideline *, Taking Control of Goods: National Standards *).
*. **Choice of Remedy**:
- Bailiff's choice of remedy/court isn't exclusive ([Steel Linings Ltd, Mark Harvey v Bibby & Co, *] EWCA).
*. **Recovering Bailiff Fees**:
- Debtors can recover bailiff fees paid under protest (Section *, County Courts Act *).
*. **Magistrates Court Fines**:
- No direct contractual relationship between defaulters and enforcement company ([JBW Ltd v Ministry of Justice, *] EWCA).
*. **Unlawful Bailiff Fees**:
- Unlawful bailiff fees are recoverable
Carry on from recoverable
*. **Council Liability**:
- Council, not bailiff, liable for refunding unlawful bailiff fees (Paragraph *, Complaint No. * * *, Local Government Ombudsman, *).
*. **Bailiffs' Liability for Damage**:
- Bailiffs liable for damage to goods/vehicles in their possession (Regulation *, Taking Control of Goods Regulations *).
*. **Protection of Debtors**:
- Bailiffs must protect both creditor and debtor, erring on the side of caution (Paragraphs *-*, Taking Control of Goods: National Standards *).
*. **Police and Bailiffs**:
- Police officers committing offences if aiding unlawful bailiff actions (Section *(*) & *(*), Criminal Justice and Courts Act *).
*. **Reasonable Force**:
- Debtor can use reasonable force to remove bailiff refusing to leave (Green v Bartram [*] * C&P *).
*. **Police Duty**:
- Police must arrest bailiff for breach of peace causing fear of violence (R v Howell (Errol) [*] * QB *).
Carry on from * QB *).
*. **Third Party Access**:
- Bailiff may not encourage a third party to grant access (Nash v Lucas [*] * QB *).
*. **Invalid Levy**:
- Any levy made with police assistance in gaining entry is void (Skidmore v Booth [*] * C&P *).
*. **False Arrest**:
- Police officer is guilty of false arrest if arresting debtor after removing illegal bailiff (Green v Bartram [*] * C&P *).
*. **Public Duty**:
- Police officers have a duty to enforce the criminal law (Ex parte Blackburn [*] * QB *).
*. **Government Guidelines**:
- Guidelines published by government departments must be followed unless contrary legislation is provided (R v South Western Magistrates’ Court [*] EWHC * (admin)).
*. **Court Conduct**:
- Courts must not approve unlawful actions against debtors (R v Purdy [*] * QB *, * QB 292F).
Can you please specify your location or provide more details about your specific legal issue for tailored advice?
Uk
Thank you for providing your location. Let's summarize the points briefly:
*. **Standardizing Charges**: HCEO firms can standardize charges if reasonable ([Bernard Loynes v Beswicks Solicitors, *] QBD).
*. **Ceasing Enforcement**: Enforcement stops once debt is paid (Paragraph *, Schedule *, Tribunals, Courts and Enforcement Act *).
*. **Bailiff Fees**: Bailiffs cannot enforce recovery of fees once enforcement action ceases (Guideline *, Taking Control of Goods: National Standards *).
*. **Choice of Remedy**: Bailiff's remedy choice isn't exclusive ([Steel Linings Ltd v Bibby & Co, *] EWCA).
*. **Recovering Bailiff Fees**: Debtors can recover bailiff fees paid under protest (Section *, County Courts Act *).
*. **Magistrates Court Fines**: No direct contract between defaulters and enforcement company ([JBW Ltd v Ministry of Justice, *] EWCA).
*. **Unlawful Bailiff Fees**: Unlawful bailiff fees are recoverable ([Day v Davies, *] * KB
Carry on from R v Purdy [*] * QB *, * QB 292F).
Certainly! Let's continue summarizing from where we left off:
*. **Unlawful Bailiff Fees**: Unlawful bailiff fees are recoverable ([Day v Davies, *] * KB *).
*. **Council Liability**: Council, not bailiff, liable for refunding unlawful bailiff fees (Paragraph *, Complaint No. * * *, Local Government Ombudsman, *).
*. **Bailiffs' Liability for Damage**: Bailiffs liable for damage to goods/vehicles in their possession (Regulation *, Taking Control of Goods Regulations *).
*. **Protection of Debtors**: Bailiffs must protect both creditor and debtor, erring on the side of caution (Paragraphs *-*, Taking Control of Goods: National Standards *).
*. **Police and Bailiffs**: Police officers committing offences if aiding unlawful bailiff actions (Section *(*) & *(*), Criminal Justice and Courts Act *).
*. **Reasonable Force**: Debtor can use reasonable force to remove bailiff refusing to leave (Green v Bartram [*] * C&P *).
*. **