I think that it is time this error was corrected again.
I am unsure why it keeps being resurrected. But anyway here is the misinterpreted legislation
.
Taken from Jason Benisons post on BHF.

“Just to be sure, the amount outstanding is defined in Paragraph 50(3) of Scheudle 12 of the TCEA 2007 which states:
(3)The amount outstanding is the sum of these—
(a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);
(b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs)
.The bailiff has not taken control of any goods, therefore no proceeds are available. The bailiff is in any case unable to take control of goods, let alone sell them to realise any proceeds.”

This is completely incorrect.

As can be seen, section 50(3) says:
The “amount outstanding is the sum of these.”
(a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);
(b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs)

I suppose the words the sum of, would indicate that there is more than one item contained in the ammount outstanding to most of us, anyway

Subsection (a) refers to sums remaining on the warrant or order (the amount adjudged to be owed to the creditor).
To this sum is added subsection (b).
This is any sum owed out of proceeds in regards of costs as per paragraph 62.

I think the problem is contained here, in that he believes that cost do not represent fees.

“62(1)Regulations may make provision for the recovery by any person from the debtor of amounts in respect of costs of enforcement-related services.
(2)The regulations may provide for recovery to be out of proceeds or otherwise.”

If we look at section 62 the first paragraph states that regulations can be made in regards to Enforcement related services, that phrase is important.

The definition of the term, “Enforcement related services” is given here:

(5)“Enforcement-related services” means anything done under or in connection with an enforcement power, or in connection with obtaining an enforcement power, or any services used for the purposes of a provision of this Schedule or regulations under it

I think anyone would accept that , “anything done under the schedule” would mean fees.
But if not, we go on.

Section 62 (1) says that , “regulations may be made”.
If we go to the fees regulations, and look on the first page we see:

“The Lord Chancellor makes the following Regulations in exercise of the powers conferred by section 90 of and paragraphs 13(3), 42, 50(4) and (7), and 62 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007(1).
So it would seem to be that the fees regulations are made under section 62 (costs)”

Fees are indeed costs under section 62.

Next proceeds