Paid In Full To Courts Now Baliffs want Fees Im At my wits end

[smellybella]

Hi,

I had a fine of £300 which the baliffs had to collect, cut a long story short, they called me at work, said they had been to my home as me to pay £600 I told them no. Anyways, got home no letter or crd to say they had been my son was at home and said noone called. I paid the fine immediately to the courts.. smirking thinking that there is nothing baliffs could do. That was one week ago today 3rd august call, paid 4th,.. Got a letter today from the courts 9th august, to say that they had received monies but the fees and warrant still satnd as part of Marstons and I still owe them money.. What do I Do.. I can deny that I ever new a warrant existed but who do I argue this with. The baliff has still not been back and still not left a letter. the courts said do not contact them Plkease please help, im scared they will come and start demanding monies what are my rights. Kim

[Guest]

Re: Paid In Full To Courts Now Baliffs want Fees Im At my wits end

The court service adopted this policy in November last year and started telling defendants who pay their fines direct to court, they must pay bailiffs fees.

However that policy doesnt seem to be followed when a defendant makes a WRITTEN formal complaint. For some reason, the case closes and the fees mysteriously disappear.

This is because a High Court has said that bailiffs are only paid by due process of execution. In your case, the bailiff has neither executed the distress warrant nor recovered the money, therefore the bailiff cannot be paid fo work he has not done. JBW Enforcement Ltd v City of Westminster [2009] EWHC 2697 (QB).

Just make a formal complaint to the court manager based on the following template and it should be sorted.

The Court Manager
[NAME OF] Magistrates' Court
[ADDRESS1]
[POSTCODE]

[DATE]

Dear Sir,

Re: [YOUR NAME + FINE REFERENCE] Formal Complaint

Thank you for your letter of which the content has been noted.

I have accepted your letter as confirmation the fine has been paid. Warrants for distress for unpaid court fines are issued under Section 76 of the Magistrates Courts Act 1980 only provide for the recovery of the sum I was adjudged to pay.

There is no order for the recovery of any bailiffs fees therefore no further money is due.

Court records show no evidence of a costs order having been made against me for the costs of the enforcement officer and therefore your attention is duly drawn to Section 40 of the Administration Act 1970.

No distress has been made on my goods and no goods have been physically moved by an enforcement contractor therefore, Section 52(7)(14) of the Criminal Procedure Rules 2010 is unavailable.

The enforcement services contract does not provide any statutory requirement for me or other defendants to pay fees and your attention is duly drawn to clauses 10 and 13 of that contract.

A high court ruling confirms bailiffs are only paid by due process of execution, and your letter confirms no warrant for distress has been executed because there is a balance remaining on your records of the account. In the case of JBW Enforcement Ltd v City of Westminster [2009] EWHC 2697 (QB). The Judge ruled - if he (the bailiff) becomes entitled to charge fees, but does not continue with the execution process, he will not recover them and he cannot sue the debtor for them.

As no work has been done, your letter is contrary to a further ruling made in the House of Lords on 20 April 2007 where the Minister of State confirmed a bailiff or other person commits an offence under the Fraud Act 2006 if he charges for work he has not done.

Complaint resolution

Confirm in writing HMCTS has complied with the above and makes a written undertaking it discontinues this practice.

If you are unable or unwilling to comply with the above, please clearly mark your response letter with the words FINAL RESOLUTION and I will make a written complaint and ask the Parliamentary Ombudsman to intervene.


Yours Faithfully



[YOUR NAME]

[mohmmad786]

Re: Paid In Full To Courts Now Baliffs want Fees Im At my wits end

Another thing which you should know is that bailiff cannot levy on anything just for there own fees. Now they might come to your door and might try to scare you and say that they can break the door down or get a locksmith as its a magistrate court fine but as the fine is paid in full they can only charge administration fees to send a letter( i think its £80) but if you dispute that than they would have to start a new case just for there own fees and than would have to proof that they have done the work or given there services and as you have paid the court directly there is nothing they can do.
I was totally in your position but ijust didt get a letter or a call and heard 3-4 days after i have paid my fine. Its all about you standing up and keeping your nerves as the bailiff would lie through there teeth and put as much pressure on you to get there fees so stay strong and they cant do anything.
I am sure more experienced members can give you more advice and you can send the letter which happy contrail put up there