Excel - Advice required Please

[Dnex]

Hi All

i'll try to cut this long story short -- DVLA stated that i did not notify change of owner when i sold my car -- I disputed this but they refused my explanation and took me to court

fine was issued - yes albeit slow i responded in a letter stating i wil need to pay monthly dont have amount to pay them in one go

• Reply to my letter was they have issued fine to EXCEL and to contact them
• I write to EXCEL stating the same and that i am agreeing to set amount monthly -- no response
• Yesterday i recieve REMOVAL NOTICE - pushed through door no envelope.
• I went on EXCEL web site and paid £100 [ of a now £605 fine]
• I telephone baliff and explain the above --- to a response of to late no deal can be made i will be attending to remove goods. I explained again that i have ofered payment terms etc etc where i was told NO PAYMENT AGREEMENT will be made goods will be removed. that he is on leave until next tuesday so i have untl then to pay in FULL...

Any advice ... what rights do i have on my side ?/ who do i contact ? etc etc etc

Please help
Bev

[Guest]

Re: Excel - Advice required Please

Unfortunately you have been mugged by the bailiff company. When DVLA migrates the penalty to the Magistrates Court, it became a court fine. It is not the DVLA that has sent bailiffs, its the magistrates court.

You need to find out how much the original fine was. That is all you owe. There is currently no legislation that sets statutory fees for bailiffs collecting unpaid court fines.

Excel work under an Enforcement Services Contract with HMCTS, which enables them to deduct an agreed schedule of fees from the amount you are fined and pay the balance to the court.

That schedule currently agrees a fee of £215 for attending, and £85 for a letter. However, that contract is not legally enforceable on you, the defendant, because the parties of the contract are only HMCTS and the bailiff company.

If you pay a bailiff the schedule of fees, the bailiff company is paid twice and your money goes straight into the bailiffs pocket.

Bailiffs will always try it on, and hope you are not aware of the scam. Bailiffs will try and pester you into paying the fees.

Court staff may also try it on and even mislead you that you are actually liable for the bailiffs fees - until they discover that you are better informed, or you make a written formal complaint.

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

Date

Dear Sir,

FORMAL COMPLAINT

Re: [YOUR NAME + FINE REFERENCE]

I received a visit from a man on [DATE] who said his name is Mr. [NAME OF BAILIFF] and that he is bailiff collecting an unpaid fine of [AMOUNT] on your behalf.

I paid the sum of [AMOUNT OF FINE+£275 FEE] and the document said I was liable to pay his fees of [AMOUNT/£85] and a further [AMOUNT/£215] 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 Courts 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 fees was received by post before the bailiff attended my property. As the company said they were your contractor, I accepted the letter as being truthful and honest.

I now understand the contract with HMCTS only 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 confirm I have not been means tested for the purpose of being assessed as to my ability to pay the costs or the fees of a third party.

COMPLAINT RESOLUTION

To resolve this complaint, [I enclose a proof of payment and] I ask for a refund of [AMOUNT]
Provide a written non-consolidated list of fines, with their respective amounts, dates and name of the sentencing court.

Yours Faithfully


[NAME]

[bluebottle]

Re: Excel - Advice required Please

Do you know how much the fine was, please? It sounds like Excel are being somewhat economical with the actualities.

[Dnex]

Re: Excel - Advice required Please

Many thanks ... The fine was£305 ... I haven't paid the sum I paid £100 and volunteered £50 month but the bailiff declined offer saying no payment arrangements will be made he is calling to remove goods ..

When he called he pushed a piece of paper through the door - not spoken to anyone directly . I called the number when I arrived home.
He said not going to agree payment terms wants full payment by Tuesday

[bluebottle]

Re: Excel - Advice required Please

Which part of the country do you reside in? This matter sounds like it needs to be brought to the attention of the HMCTS Regional Manager or HMCTS Regional Contracts Manager. This sort of conduct by bailiff companies contracted to HMCTS is getting a little too frequent.

[Dnex]

Re: Excel - Advice required Please

Which part of the country do you reside in? This matter sounds like it needs to be brought to the attention of the HMCTS Regional Manager or HMCTS Regional Contracts Manager. This sort of conduct by bailiff companies contracted to HMCTS is getting a little too frequent.

Hi,

i'm in South Wales

any suggestions would be appreciated - what do i do next ?

thanks

[bluebottle]

Re: Excel - Advice required Please

Okay. You need to speak to the court that imposed the fine and ask for the direct telephone number of the HMCTS Enforcement Manager for the area. This is an HMCTS employee (civil servant) who has responsibility for court bailiffs and HMCTS Warrant Officers, as well as contracted bailiff companies enforcing fines on behalf of HMCTS.

You need to give the HMCTS Enforcement Manager full details of Excel's bullying, non co-operation and threats. You are not refusing or avoiding payment of the fine and HMCTS need to be put on notice as to the actions of their contractor for which they are 100% vicariously-liable. Be firm and do not be swayed by any statements that you need to speak to Excel.

[labman]

Re: Excel - Advice required Please

In addition to the above, make sure you continue to pay the fine at the rate you said and ensure you get receipts for monies paid.

[Dnex]

Re: Excel - Advice required Please

ok, many thanks

[bluebottle]

Re: Excel - Advice required Please

In addition to the above, make sure you continue to pay the fine at the rate you said and ensure you get receipts for monies paid.

Absolutely, Labman. Excellent advice.

[ploddertom]

Re: Excel - Advice required Please

Not sure if it is too late to argue this or what the reasons for the intransigence of the DVLA but wonder if you should have a read of this http://www.consumeractiongroup.co.uk...to-Notify-Fine

[IGGY42]

Re: Excel - Advice required Please

Can I just clarify to make sure I got this right. When the Bailiffs come knocking then, they have already been paid by the courts and cannot rightfully ask you to pay the £85 letter & £215 visiting charge, as they have already received this?? Are they therefore just there to request the payment if the owing fine only?

[labman]

Re: Excel - Advice required Please

My understanding is that they can add these charges to the fine, not that they were already built into the fine.

This would make sense if you think about it, as people who just pay straight away sould not incur these extra charges.