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I lost a magistrates court appeal in the crown court and was ordered to pay £250 prosecution costs. It seems unfair but for the purposes of enforcement they treat it the same as a punitive court fine meaning bailiffs can use force to enter a property. Anyway there was a misunderstanding about the amount and I was told that they have sent bailiffs to collect the amount. I suffer from anxiety and I NEVER EVER open any letters I get so I did not read any post. They had my email so they should have emailed me.
Anyway I got a letter from the bailiff physically delivered saying I owe £500 including the bailiff fees.
I contacted one of those help with bailiff online services for £35 and I was advised to pay the court directly and the warrant of control would be invalid once the debt is satisfied. I was also given a Section 59 template to notify the the bailiffs that the outstanding amount has been settled.
I will quote some of the legislation mentioned in the template I was given…
proceeds of enforcement and regulation 13
“money paid towards satisfying a judgment does not constitute "proceeds" and, therefore, is not subject to the pro-rata apportionment rule under Regulation 13(4).”
Paragraph 58(1) of Schedule 12 of the TCEA 2007, it is stated:
(1) This paragraph applies where the debtor pays the amount outstanding in full—
(3) No further action may be taken under the relevant enforcement power.
So I just wanted clarification of where I stand? Legally it’s none of my business if the court gives the money to a charity, burns it, or gives it to the bailiff; I have paid the prosecution costs which I have been ordered to pay.
So is the warrant of control no longer valid since I have settled the debt directly with the court? Can I tell the bailiff to bugger off if they try to collect it? What methods can they use to collect it?
Thanks
Anyway I got a letter from the bailiff physically delivered saying I owe £500 including the bailiff fees.
I contacted one of those help with bailiff online services for £35 and I was advised to pay the court directly and the warrant of control would be invalid once the debt is satisfied. I was also given a Section 59 template to notify the the bailiffs that the outstanding amount has been settled.
I will quote some of the legislation mentioned in the template I was given…
proceeds of enforcement and regulation 13
“money paid towards satisfying a judgment does not constitute "proceeds" and, therefore, is not subject to the pro-rata apportionment rule under Regulation 13(4).”
Paragraph 58(1) of Schedule 12 of the TCEA 2007, it is stated:
(1) This paragraph applies where the debtor pays the amount outstanding in full—
(3) No further action may be taken under the relevant enforcement power.
So I just wanted clarification of where I stand? Legally it’s none of my business if the court gives the money to a charity, burns it, or gives it to the bailiff; I have paid the prosecution costs which I have been ordered to pay.
So is the warrant of control no longer valid since I have settled the debt directly with the court? Can I tell the bailiff to bugger off if they try to collect it? What methods can they use to collect it?
Thanks
