Philips bailiff fees

[nikkijr1]

Hi,i Recently Had A Payment Plan From The Tribunal Courts Service For £10.00 Per Week For £130.00. I Have Been Making The Payments,last Due Tomorrow.however Two Payments Were A Week Late,and Court Issued A Bailiff Warrant.i Would Like To Know,now Original Court Fine Is Paid,what Happens If I Don't Pay Bailiff Fees,is It A Civil Matter,or Can I Be Arrested Even Though I No Longer Owe The Fine?.court Said Normally They Would Cancel Bailiff,but Philip Are Under New Management And Won't Drop Any Charges.they Want Almost Same Amount As Original Fine!!! Thanks In Advance For Any Advice.

[mohmmad786]

Re: Philips bailiff fees

Hello nikkijr1 and welcome to Legal Beagles forums, Now i have been through the same kind of thing in the last month so i can understand where you are coming from and i know that some of the members here are very helping as they helped me alot with my case.

Now as u saying you paid the fine in full but 2 installments were late, now did the court sent you any letters? did the court actually sent you "further steps notice" as they are required to send it to you by law and if you can give more details about the letter bailiffs has sent you and how much money are they asking for that letter?

[nikkijr1]

Re: Philips bailiff fees

Hi Mohmmad786,Thank-you for helping. I didn't receive any reminders from the court,or notice of further action.I spoke with the courts tribunal on the phone yesterday,and was told that 3 payments had been late,and it was during that time a warrant was issued to Philips,but I had made payments since then,which they confirmed over the phone.I made my last payment today,and as far as I am concerned the debt to the court is paid,but I intend to call again next week to confirm they got it,and that Philips haven't taken it to pay towards their fees,which would mean having to pay all Phillips debt before the court would get last payment on debt.I was told as long as court get their money,the rest is between myself and the bailiff.I'm just worried that 8if court night refuse final payment as its made after the warrant,even though,as I said,they accepted a further payment or two made on the payment card.I have no intention of contacting those parasites Phillips,and if its a civil matter once fine is paid,that's ok by me,as long as they can no longest force entry and take goods,as their would be no court debt to recover.what would be your advice?. Thank-you for your time and help,regards Nikki

[nikkijr1]

Re: Philips bailiff fees

Hi Mohmmad786,forgot to say,I got letter from court hm courts tribunal last Friday 09/03/12 and the 7th telling me my last payment has been received and that it was credited with Phillips for enforcement of outstanding amount due,them it says its been credited against my fine and the authorised enforcement agent informed.it will be deducted from outstanding amount on warrant.it said payments should now be made to bailiff and I should contact them.Phillips letter said there is a warrant against the account,they want £115.00(fine was £130.00) or they will seize goods,force entry if need be,ect.warrant was issued according to court on 23/02/12,didn't get tribunal letter till 6th of Dec,and second on 8th..thanks again,regards,Nikki
------------------------------- merged -------------------------------
Sorry 6th and 8th of march!!

[labman]

Re: Philips bailiff fees

The very first thing you need to do on this is phone the courts and ask if there is any balance outstanding on the debt and what this is for.

If there is a zero balance, ask them to confirm that the Warrant has been formally withdrawn from the bailiffs, and if it hasn't, please would they do so.

[nikkijr1]

Re: Philips bailiff fees

Hi labman,that's exactly what I intend to do tomorrow,I made the final payment yesterday,and have all receipts,I'm just worried that Phillips tool it,and won't give it TO court till their fees have been paid first,which would mean an extra 130.00 when there was only a tenner left.but after warrant issued on 23rd,court still got next payment.if court confirms debt clear,do Phillips still have right to force entry for goods on their fees.going to ask court to withdraw warrant if they confirm fine paid.once fine is clear with court is bailiff debt just a civil matter then?. Thank-you for taking the time to advise. Regards Nikki

[labman]

Re: Philips bailiff fees

What have Philps actually done? These are their Schedule of Fees. I can't quite see how they get £130. I think you need to ask for a breakdown of the fees from them, but also clarify with the court that the fine was not cleared before the Warrant was issued:

Warrants issued to Philips from 1st December 2009

Financial Distress Warrant Administrative Fee (added to warrant on receipt) £75.00 Attendance Fee (recoverable on 1st visit) £200.00 Removal of motor vehicle £200.00 Removal of commercial vehicle (large van) £200.00 Removal of heavy goods vehicle £200.00 Storage of vehicle, per day £20.00 Storage of non-vehicle items, per day £0.00 Delivery to auctioneer if not redeemed £0.00 Auctioneers costs 3rd Party (max 15%) Dishonoured cheque charge £30 Credit Card payment surcharge 4% Debit Card payment surcharge £1.00p


Also, prior to any warrant being issued, were ALL the following steps followed?

1. After you have been fined, you will be sent notice of the fine and the repayment rate, if one has been set.
2. If payments are not made, or payments are missed, you will be sent a reminder.
3. If you do not bring your repayments up to date, a court hearing will be arranged and you will be told the date.
4. If you do not attend the hearing, it is likely that a warrant will be issued for your arrest (with or without bail), and you will be brought back before the court. These are normally executed by Private Bailiffs.

Also the following is relevant to you:


If you have failed to pay, or missed a payment on a Magistrates’ Court fine, it is likely you will receive a visit from an enforcement officer enforcing the distress warrant. They must do this within 180 days of it being issued. You have rights here, and these should be exercised. You have the right to see the warrant as the person against whom it is levied. The enforcement officer does not have to have it on him, but he must tell you where and when you can see it.

He must tell you how much the levy is for, and why you have incurred it. He must also show proof of his identity.

Sadly many bailiffs refuse to show the Distress Warrant. It is hard to understand why they would do this if the Distress Warrant is valid.

Another important point for Distress Warrants and Financial Arrest Warrants is that if, on his first visit, the enforcement officer does not make contact with you, he must put through your letterbox a letter with the time and date of his visit, and include on this any specific identifying marks of your property, such as the colour of the door, the colour of the house, permanent garden features etc… This acts as proof of his visit, but is also invaluable later on when checking his fees, as obviously this visit is chargeable, even though you were not there.

If the bailiff fails to abide by any of the above points, you should complain to the Court Manager, ensuring you get at least Proof of Postage.

[mohmmad786]

Re: Philips bailiff fees

Hi Mohmmad786,Thank-you for helping. I didn't receive any reminders from the court,or notice of further action.I spoke with the courts tribunal on the phone yesterday,and was told that 3 payments had been late,and it was during that time a warrant was issued to Philips,but I had made payments since then,which they confirmed over the phone.I made my last payment today,and as far as I am concerned the debt to the court is paid,but I intend to call again next week to confirm they got it,and that Philips haven't taken it to pay towards their fees,which would mean having to pay all Phillips debt before the court would get last payment on debt.I was told as long as court get their money,the rest is between myself and the bailiff.I'm just worried that 8if court night refuse final payment as its made after the warrant,even though,as I said,they accepted a further payment or two made on the payment card.I have no intention of contacting those parasites Phillips,and if its a civil matter once fine is paid,that's ok by me,as long as they can no longest force entry and take goods,as their would be no court debt to recover.what would be your advice?. Thank-you for your time and help,regards Nikki

Labman can u please shed some light on this please bro, am i right in thinking that by law the court would have to send Further Step Notice before they can issue the fine to the bailiffs? and when nikkijr1 call the court should she be asking for a copy of further steps notice?
Thanks.

[charitynjw]

Re: Philips bailiff fees

Courts Act 2003

http://www.legislation.gov.uk/ukpga/...edule/5/part/9

Functions of fines officer in relation to defaulters: referral or further steps notice

37[F4(1)This paragraph applies if—
(a)P is in default on a collection order,
(b)paragraph 26 does not apply, and
(c)none of the following is pending—
(i)an application under paragraph 31(1) (application to fines officer for variation and reserve terms),
(ii)an appeal under paragraph 32(1) (appeal against decision of fines officer),
(iii)a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(6)The fines officer must—
(a)refer P’s case to the magistrates' court, or
(b)deliver to P a notice (a “further steps notice”) that he intends to take one or more of the steps listed in paragraph 38.*
(7)Any steps that the fines officer intends to take must be specified in the notice.
(8)A further steps notice must be in writing and dated.
(9)P may, within 10 working days from the date of the further steps notice, appeal to the magistrates' court against it.

* (See above link for paragraph 38)

[labman]

Re: Philips bailiff fees

It appears a few things have not gone exactly as they should have with Nikki. That's why I think phoning the court and clarifying the position is wise. If there is a zero balance the bailiff fees need to be clarified. As I am on my phone typing this, I cannot read the legislation as well, but I do not think the bailiff fees resort to a civil matter. Bear with me a couple of hours and I'll check for you.

[labman]

Re: Philips bailiff fees

Hi Again,

I've looked and really don't think I can add anything in terms of a way forward until you have spoken to the court.

I would not worry about forced entry etc... at this stage, it is highly improbable, and I would suggest you don't let them in IF they even appear while you're there.

They make threats to frighten you, so please don't be intimidated.

Chat to the court, find out what, if anything is owed and for what it is owed. If it's for bailiffs, we'll deal with them separately.