Template: Reclaim £275 bailiffs fees on a MAGISTRATES COURT FINE

[Guest]

Only use AFTER you have paid the bailiff the fine and the fees.

Can be used up to 6 years after date of payment.

If you know anyone else who has paid bailiffs fees on their fine, this template makes a nice gift.

Please post back your results on this thread.

The Court Manager
[NAME OF] Magistrates’ Court
Address 1
Address 2
Address 3
Postcode

Date

Dear Sir,

Re: [YOUR NAME + FINE REFERENCE]

I received a bailiff on [DATE] collecting an unpaid fine of [AMOUNT] who said was acting on your behalf.

I paid the bailiff the sum of [AMOUNT OF FINE+£275 FEE] and he said I was liable to pay his fees of £75, and a further £200 in addition to the fine.

Leaflet EX345, published by the Court Service says Page 5; they do not charge me for the work they do.

I understand the Distress Warrant, issued in the Magistrates Court under Section 76 of the Magistrates Court Act 1980, did not include an Order for Costs against me and it only orders that I pay the amount I was fined.

No distress was made on my goods, and in any event, the demand for his fee of £275 was received by post before the bailiff attended my property.

I understand the bailiff works under a contract with HMCTS, which enables enforcement contractors to deduct sums from the fine recovered, but there is no clause that enables the contractor to recover more than the amount I was fined, and I am not a signatory of that contract.

[I enclose a proof of payment and] I respectfully ask for a refund of £275.

Yours Sincerely

[NAME]

See Also: How to make a FORMAL COMPLAINT against a Certificated Bailiff: http://www.legalbeagles.info/forums/...ad.php?t=32516


Edit: The HMCTS has confirmed the contract fees of £75 for a letter and £200 for a visit, have been increased from 01 January 2012 to £85 and £215 respectively.

[Guest]

Re: Template: Reclaim £275 bailiffs fees on a MAGISTRATES COURT FINE

You can also use the Small Claims Track to recover fees from the bailiff company that charged them.

First, get a copy of the order from the Magistrates court that fined you.

The Court Manager
[NAME OF] Magistrates’ Court
Address 1
Address 2
Address 3
Postcode

[DATE]

Dear Sir,

Re: [YOUR NAME + FINE REFERENCE] Formal Complaint

I received a enforcement officer on [DATE] collecting an unpaid fine of [AMOUNT] who said was acting on your behalf.

I paid the enforcement officer the sum of [AMOUNT OF FINE+AMOUNT FEE] and he said I was liable to pay his fees because of a contract exists between HMCTS and his company.

I now understand the warrant for distress was issued under Section 76 of the Magistrates Courts Act 1980, where it only applies to Enforcement of sums I am adjudged to pay.

Leaflet EX345, published by the Court Service says Page 5; they do not charge me for the work they do, and I confirm no distress or sale of goods took place.

Please send me a copy of the order or adjudgment that was relied upon to place a liability on me to pay the officers fees on top of the fine.

If no order exists, please confirm in writing.


Yours Sincerely


[YOUR NAME]

If you don’t get one, or no order exists, write to the bailiff company with a letter before action.

NOTE: Some bailiff companies might try to convince you a right to charge fees on top of the fine is under Section 52(7)(14) of the Criminal Procedure Rules 2010. This is wrong because that only applies to DISTRESS - the cost of selling seized goods: http://www.legislation.gov.uk/uksi/2010/60/part/52/made and in any event, there is no provision enabling an officer to make a profit. This is why the legislation uses the word - COSTS. That means the officer has to show sales receipts for them in order for you to be liable. If no goods of yours have been sold, then this rule does not apply.

The four companies contracted for the enforcement of court fines are:

Marston Group
Philips Collection Services
Swift Credit Services
Excel Civil enforcement

Your letter must be sent to their official address: Use the register at companies’ house: http://wck2.companieshouse.gov.uk/a2a0cff796ae3d352c9ab332a1865fa0/wcframe?name=accessCompanyInfo

[NAME OF BAILIFF COMPANY]
[ADDRESS AND POSTCODE]

[DATE]

Dear Sir,

Re: [YOUR NAME + FINE REFERENCE] Formal Complaint

I received a enforcement officer on [DATE] collecting an unpaid fine of [AMOUNT] from your company

I paid the enforcement officer the sum of [AMOUNT OF FINE+AMOUNT FEE] and he said I was liable to pay his fees because of a contract exists between HMCTS and his company.

I now understand the warrant for distress was issued under Section 76 of the Magistrates Courts Act 1980, where it only applies to Enforcement of sums I am adjudged to pay.

Leaflet EX345, published by the Court Service says Page 5; they do not charge me for the work they do, and I confirm no distress or sale of my goods ever took place.

Please refund me the sum of [AMOUNT OF FEES PAID] by 3pm on [DATE of 7 DAYS TIME] in cleared funds.


Yours Sincerely


[YOUR NAME]

You also have a right to make a complaint to police, but DO NOT tell the bailiff company you are doing so.

The Criminal Investigation Department
[NAME OF POLICE AUTHORITY]
[ADDRESS AND POSTCODE]

[DATE]

Dear sir,

REF: Reporting an offence under the Fraud Act et-al.


I received a enforcement officer on [DATE] collecting an unpaid fine of [AMOUNT] from your company

I paid the enforcement officer the sum of [AMOUNT OF FINE+AMOUNT FEE] and he said I was liable to pay his fees because of a contract exists between HMCTS and his company.

I now understand the warrant for distress was issued under Section 76 of the Magistrates Courts Act 1980, where it only applies to Enforcement of sums I am adjudged to pay.

Leaflet EX345, published by the Court Service says Page 5; they do not charge me for the work they do, and I confirm no distress or sale of goods took place.

I asked for a refund, but the company failed to do so.

I therefore bring this complaint as an offence committed under the Fraud Act 2006, where section 2 makes it an offence to obtain a money transfer by making a false representation.

Also this complaint is brought as a further offence was committed under Section 40 of the Administration of Justice Act 1970, and both offences are an arrestable offence under Section 24 of the Police and Criminal Evidence Act 1984.

I am happy to help you in your enquiries and stand as a prosecution witness at trial.

Yours Sincerely


[YOUR NAME]
Enc. Copy your letter and reply from Magistrates Court.

You can start the civil claim concurrently in the Small Claim track if the bailiff company does not refund you.

Particulars of claim

The defendant is called: [NAME OF BAILIFF COMPANY] – a Firm

I received an enforcement officer acting for the defendant on [DATE] collecting an unpaid fine of [AMOUNT]. I paid the defendant the sum of [AMOUNT OF FINE+AMOUNT FEE] and he said I was liable to pay his fees because of a contract exists between HMCTS and himself. I understand the warrant for distress was issued under Section 76 of the Magistrates Courts Act 1980, where it only applies to Enforcement of sums I was adjudged to pay. Leaflet EX345, published by the Court Service says Page 5; they do not charge me for the work they do, and I confirm no distress or sale of goods took place. I asked for a refund, but the defendant failed to do so. The Claimant claims [AMOUNT IN UNLAWFUL FEES] plus statutory interest at 0.00022% daily from the date the money became due to the date payment is made, plus costs allowed by the court.

If you know the name of the Bailiff who attended, see if he was a certificated bailiff. The HMCTS contract does require any person enforcing court fines to hold a valid certificate. You can file a Form 4 complaint. More: http://www.legalbeagles.info/forums/showthread.php?t=32478

And how to make the complaint: http://www.legalbeagles.info/forums/showthread.php?t=32516