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The Taking Control of Goods (Fees) Regulations 2014
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- UK Statutory Instruments
- 2014 No. 1
- Regulation 4
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Recovery of fees for enforcement-related services from the debtorE+W
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4.—[F1(1) The enforcement agent may recover from the debtor—
(a)the fees indicated in the Schedule; and
(b)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.]
(2) The fees referred to in paragraph (1) [F2and the sum equivalent to VAT on those fees] may be recovered out of proceeds.
(3) 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.
(4) For the purposes of this regulation, the relevant stage of enforcement is determined according to regulation 5 or 6 as appropriate.
(5) Where the enforcement agent is acting under an enforcement power conferred by a High Court writ—
(a)where the enforcement agent and the debtor enter into a controlled goods agreement which the debtor does not breach, only the first enforcement stage fee may be recovered from the debtor; and
(b)where—
(i)the enforcement agent and the debtor enter into a controlled goods agreement which the debtor breaches; or
(ii)the enforcement agent and the debtor do not enter into 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.
[F4(6) The fees indicated in the Schedule are exclusive of VAT.]
Textual Amendments
F1Reg. 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)
F2Words 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)
F3Words 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)
F4Reg. 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)
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