Fine paid now HMCTS tell me to pay Bailiffs fees

[TensionRod]

Hello there,

I would be grateful for your advice on what my next steps should be.

I maintained regular written communication with the Court re my financial/change of circumstances and when I was in a position to pay, I finally paid an outstanding court fine incurred last year.

Not trusting HMCTS, I requested written confirmation from them that the fine had been paid in full, because I had numerous visits from Court Enforcement Officers leaving/sending threatening notices, during and following the payment of the fine - I became an emotional wreck but wanted firm evidence the fine was paid in full and no debt remains.

Now I have received a letter from HMCTS which confirmed the fine is paid in full but as "the funds were received late" I still have to pay the bailiffs fees incurred. I have no idea how much the fees currently stand, they were £300 months ago, which happens to be more than the actual fine!!! I am certainly not in any position to pay lump sum or make an offer for meaningful instalments and really don't know what I should do now and your advice is appreciated.

Many thanks,
G

[Guest]

Re: Fine paid now HMCTS tell me to pay Bailiffs fees

You write to the court manager. Remember to mark the letter with the words FORMAL COMPLAINT, otherwise they will ignore it.

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

[DATE]

Dear Sir,

FORMAL COMPLAINT

Re: [YOUR NAME + FINE REFERENCE]

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]

If your formal complaint is not resolved satisfactorily, then you can ask the Parliamentary Ombudsman to intervene. Here is more. http://www.ombudsman.org.uk/make-a-complaint

[bluebottle]

Re: Fine paid now HMCTS tell me to pay Bailiffs fees

In addition to complaining to the Court Manager, you should also send a copy of your letter of complaint to the HMCTS Regional Manager for your area for their attention.

[Guest]

Re: Fine paid now HMCTS tell me to pay Bailiffs fees

I dont think there is a need, because the letter is marked Formal Complaint, and there is a prescribed procedure HMCTS must follow to solve the complaint.

[bluebottle]

Re: Fine paid now HMCTS tell me to pay Bailiffs fees

Nevertheless, the HMCTS Regional Manager for the OP's area should be sent a copy of the complaint together with a covering letter explaining what it is about. Should it be necessary for the OP to escalate the matter, the Regional Manager already has the necessary details to enable them to deal with the matter. It also allows them to intervene and kick ass should this be necessary.