Can I apply to stop bailiff enforcement?

Yes. You can apply to stay a writ of control and vary the judgment using Form N245. This stops enforcement and prevents bailiff fees from being charged.html

What is a stay of writ?

A stay of writ is a court order suspending the bailiff's authority to enforce a judgment. Once granted, no further fees or enforcement action may lawfully occur.html

How can I pay a judgment in instalments?

You may apply under CPR 23.10 to vary the judgment to allow affordable instalments. The court may also suspend enforcement as part of the order.html

Do bailiff fees still apply after a stay is granted?

No. Under paragraph 6(3) of Schedule 12 and Regulation 17(1) of the 2014 Regulations, all enforcement fees become unrecoverable once the writ is stayed.html

What can I do if bailiff fees are wrongly demanded?

You can apply for a detailed assessment of the fees under CPR 84.16 and seek to recover your legal costs if the agent acted unlawfully.html

Stop bailiff fees: stay the writ and vary the judgment

If you're struggling to pay a judgment and want to avoid bailiff fees, you have a legal right to apply for a stay of the writ and vary the judgment to pay by instalments. The moment a stay is granted, enforcement must stop—and all fees become legally unrecoverable. This page explains how to protect yourself using Form N245, stop enforcement cold, and take back control of your finances.

Key Takeaways

You may apply to stay enforcement under Civil Procedure Rule 83.7(3) if you need more time to pay
You can request to vary the judgment under Civil Procedure Rule 23.10 to pay by affordable instalments
The court can suspend bailiff action and direct repayment by instalments under CPR 83.7(4)
Enforcement powers cease when a stay is ordered, making bailiff fees unrecoverable under paragraph 6(3) of Schedule 12 and Regulation 17(1) of the 2014 Regulations
Do not negotiate directly with bailiffs as this may trigger enforceable fees and charges
If fees are demanded after a stay , you can apply for a detailed assessment under CPR 84.16 and seek recovery of your legal costs
Use Form N245 to submit a means enquiry and request stay and variation in one application

Applying for a Stay of the Writ and Variation of Judgment to Avoid Bailiffs Fees and Charges

Right to apply for stay and variation

Where a debtor requires more time to pay a judgment debt and wishes to avoid the imposition of enforcement fees, the proper course is to apply to the court for both a stay of the writ of control and a variation of the judgment. This is provided for under Civil Procedure Rule 83.7(3), which permits the judgment debtor to make an application to suspend the execution of the writ. Concurrently, Civil Procedure Rule 23.10 enables the debtor to seek a variation of the terms of the judgment, specifically to allow payment by instalments that reflect the debtor’s financial capacity.

Effect of cessation of enforcement power

The legal foundation for terminating the enforcement process lies in paragraph 6(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, which states that the enforcement power under a writ of control ceases to be exercisable where the court so directs. Upon such cessation, Regulation 17(1) of the Taking Control of Goods (Fees) Regulations 2014 takes effect, making it clear that no further enforcement fees or charges shall be recoverable from the debtor. In short, once the enforcement power is brought to an end by court order, any fees or charges levied by the enforcement agent become a nullity.

The N245 application process

The procedural vehicle for this relief is the N245 application, which includes a means enquiry form. This allows the debtor to place before the court full details of their income, expenditure, liabilities, and dependants, so that the court may determine an appropriate monthly instalment rate. If the court is satisfied that the debtor lacks the means to discharge the debt in full, it may order a stay of execution under Civil Procedure Rule 83.7(4)(b), and may vary the judgment under CPR 83.7(4) to permit repayment by instalments in such manner as the court thinks fit.

Consequences of a stay order

Once a stay order is made, the High Court master may direct that a copy be served upon the enforcement agent, who must then cease enforcement activity. If the debtor defaults on the instalment schedule, the stay may be lifted automatically, in which case enforcement may resume and the enforcement charges revive. However, while the stay is in force and the debtor complies with the repayment schedule, the enforcement charges are not recoverable. This is reinforced by Regulation 3 and Regulation 17 of the 2014 Fees Regulations, which together prevent agents from recovering any fees once the underlying power to enforce has ceased.

Remedy where fees are wrongly demanded

Where an enforcement agent nevertheless demands payment of fees following the making of a stay order, the debtor is entitled to apply for a detailed assessment of those fees under Civil Procedure Rule 84.16 and Regulation 16 of the 2014 Regulations. In such proceedings, the debtor may also seek their costs. If legally represented, the debtor may apply for costs on the indemnity basis pursuant to CPR 44.3. If acting in person, the debtor may recover costs at the litigant in person rate under CPR 46.5 and Practice Direction 46.5 paragraph 3.1, currently £19 per hour plus any reasonable disbursements.

Warning against dealing with bailiffs directly

It is critical that debtors do not attempt to negotiate repayment terms directly with enforcement agents. Such conduct may result in the immediate imposition of enforcement stage fees, including attendance costs, which the agent will then seek to recover from the debtor notwithstanding the prospective cessation of enforcement authority. These fees can be substantial and serve only to compound the debtor’s financial difficulty. The correct approach is to secure court-ordered protection at the earliest opportunity.

Conclusion and strategic advice

In conclusion, where time is needed to pay and there is a desire to avoid enforcement charges, the debtor should promptly apply to the issuing court for a stay of the writ and a variation of the judgment. If granted, this will extinguish the enforcement power, nullify the associated fees, and enable repayment in a manner tailored to the debtor’s actual financial circumstances. Should the agent seek to defy the order or levy charges unlawfully, remedies are available by way of detailed assessment and costs recovery. The legal framework thus provides an effective and authoritative means of securing time to pay while avoiding the disproportionate burden of enforcement fees.

Remedies

Apply to stay the writ of control under Civil Procedure Rule 83.7(3) to suspend enforcement action
Apply to vary the judgment under Civil Procedure Rule 23.10 to pay by affordable instalments
Use Form N245 to submit your application along with a means enquiry form
Apply for detailed assessment under Civil Procedure Rule 84.16 if bailiff fees are charged after a stay is granted
Seek indemnity costs under Civil Procedure Rule 44.3 if represented, or litigant in person costs under CPR 46.5 if acting alone
Serve the stay order on the enforcement agent to ensure cessation of enforcement and recovery activity
Apply again if circumstances change or if initial application is refused, particularly if hardship can be demonstrated

If you need time to pay a judgment debt and wish to avoid enforcement fees, apply promptly to stay the writ and vary the judgment using Form N245. This protects you from bailiff action and allows affordable instalments. Do not negotiate directly with enforcement agents. Instead, gather financial documents, complete the means enquiry form, and file your application with the issuing court as soon as possible.