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They cannot commit breaking and entering and they cannot charge you 'fees' They CAN levy on your goods or car etc.

 

Official advice: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3 under Magistrates courts

 

 

It's the HMCS Civilian Enforcement Officers that cannot charge fees, Bailiffs can - see the last paragraph on page 3 in the above link.

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The advisory says there is an agreed scale of fees which bailiffs can charge, however that is by way of a contract between HMCS and the bailiff. There is nothing in that contract that says it can be charged to the debtor, and in any event, there is no contract (or court order) obligating the debtor to pay any fees. The HMCS contract allows the bailiff to deduct the fee from the fine collected and the balance is paid to HMCS.

 

There are plenyy of examples to confirm this position:

 

This poster contacted the Magistrates court manager about a bailiff (Phillips) who charged her "fees" for collecing an unpaid fine - and miraculously, Phillips made the fees disappear,

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/229873-help-philips.html#post2547500

 

And this poster recovered his fees from the bailiffs for a Bus Lane fine after filing a Form N1 in the county court naming the bailiffs as the defendant. The bailiffs refunded all the fees, but only on condition of no adverse publicity against them.

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/254610-n244-county-court-action-2.html

 

This confirms bailiffs do know the official position on charging fees on to the debtor, - and are aware of the criminal liability if they are caught. See Section 2 of the Fraud Act 2006 and Section 40 of the Administration of Justice Act 1970.

Professional property investor and conveyancer

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