bailiff fees

[superman123]

Hi all quick question. Had a magistrates fine which got passed to philips the fine has now been paid (confirmed by philips) leaving just their fees outstanding. Before clearing the balance this week I received a letter offering a reduction in payment or they would be visiting my property next week. Here comes my query I understand that now there is just bailiff fees outstanding they cannot force entry to collect for thier fees is this right?

[Mrs James]

Re: bailiff fees

Hi all quick question. Had a magistrates fine which got passed to philips the fine has now been paid (confirmed by philips) leaving just their fees outstanding. Before clearing the balance this week I received a letter offering a reduction in payment or they would be visiting my property next week. Here comes my query I understand that now there is just bailiff fees outstanding they cannot force entry to collect for thier fees is this right?

Hi,

No, they can't force entry once the fine has been paid. Do you have a breakdown of the fees they are attempting to charge you?

[labman]

Re: bailiff fees

Fees charged by bailiffs enforcing magistrates' court orders are fixed by the regional contracts let by HMCS. Charges allowed cover more activities, and are set at a higher level, than those usually found in the statutory fee scales.

You should be able to obtain a copy of the scale of fees applicable from either the court or the enforcement agency.

[CleverClogs]

Re: bailiff fees

Do you suppose Phillips would be familiar with Arkell v Pressdram?

[Mrs James]

Re: bailiff fees

These are Philips Schedule of fees

Schedule of Fees, Charges & Expenses: Philips Collection Services - Revenue Recovery and Enforcement Services

[labman]

Re: bailiff fees

Ouch! Very big ouch!!!!!:tinysmile_cry_t:

[Mrs James]

Re: bailiff fees

Ouch! Very big ouch!!!!!:tinysmile_cry_t:

Indeed, but Philips, like most Bailiffs are known for erroneous charges.

[Monzter]

Re: bailiff fees

£200 for a 1st visit????? Where are they coming from? Mars??!!

[superman123]

Re: bailiff fees

After exchanging numerous emails they have confirmed the fine originally 260 has been paid in full all that's left is their fees of 255 however because I made 1 payment to them of 80 and the other 180 direct to the courts they won't send the court the other 80 until the fees have been paid. Any idea where I stand with this? Thanks for all replies so far

[labman]

Re: bailiff fees

The problem you face with this is that it is quite usual for bailiffs to take their fees first before paying the fine.

However, if you have an e-mail that states clearly that you have paid the fine in full but they are refusing to pay £80 of it to the court, I would forward the relevant e-mail to the court and say here is my evidence that I've paid the fine, please can you ensure you collect the money from your appointed enforcement agents because, as you can see, they are telling me they refuse to pass it on to you. See what they say.

I would also start a formal complaint against the bailiff company if you have this evidence in writing. You'll need to exhaust their own procedure first, then you can take it to their registered association to complain about them:

Bailiffs and High Court Enforcement Officers - Legal Beagles Consumer Forum

[CleverClogs]

Re: bailiff fees

After exchanging numerous emails they have confirmed the fine originally 260 has been paid in full all that's left is their fees of 255 however because I made 1 payment to them of 80 and the other 180 direct to the courts they won't send the court the other 80 until the fees have been paid. Any idea where I stand with this? Thanks for all replies so far

Pay the court the remaining £80 and then tell Phillips that, as the fine has been paid in full, there is no need for their oaf to visit you.

Demand an itemised breakdown of the £255 they have attempted to charge in fees.

[Guest]

Re: bailiff fees

Official advice from HMCTS says the defendant doesnt have to pay any bailiffs fees at all. You can ask the court manager for a refund of any fees paid so far.

I accept Philips publishes a set of fees on its website, but there is no statutory requirement for defendants to pay them. The fees originate from a contract between Philips and HMCTS, but that only enables Philips to retain these sums from the fine collected before passing the balance to court. The text of the Distress warrant issued under 76 of the Magistrates Court Act 1980 does not provide for bailiffs to charge a defendant fees. This is why bailiffs do not carry them, its incase a defendant challenges the bailiff over his fees.

Disregard what Philips puts on its website and follow official advice.

See Leaflet EX345 http://hmctscourtfinder.justice.gov....ms/ex345_e.pdf It details different types of debt and bailiffs along with their respective statutory fee schedules. Court fine enforcement is explained on Page 5.