Urgent advice needed re marstons distress warrant

[buster1967]

Re: Urgent advice needed re marstons distress warrant

Son in law tried ringing the court, was permanantly engaged, really frustrating,
He rang Marstons back, and after a war of words told them there was no way he was going to be ripped off for £215 attendance fee that hadnt happened ,
the lady said she would check with the bailiff to check our claims that he hadnt yet visited their home,
She advised to ring back, which he did and she agreed he hadnt called and they would accept £185 , ie £100 fine and £ 85 fee
To be honest after reading comments here I personally wouldnt have paid any fee, but he just wanted it off his back,

Im tempted to write to the court/Marstons though asking for a refund of the fee as its not a statutory fee,
Is this likely to achieve a refund or is it not worth the hassle,?

Thanks

Re: Urgent advice needed re marstons distress warrant

It doesnt matter who delivered the document. There is no statutory charge for it anyway.

[chrissy01]

Re: Urgent advice needed re marstons distress warrant

Does it matter who delivered the letter and what type of enforcement officer attended as this is where my confusion lies as I noted on a document previously it said dependant on the type HECO or CEO would lay with wether payment would be made or has this changed now?

I just phoned marstons up and they said that it was a "attending officer / postal officer " that came to the door ?

[buster1967]

Re: Urgent advice needed re marstons distress warrant

I'm afraid your legal adviser is wrong.

Section 76 of the Magistrates Courts Act 1980 is the legislation that provides for the issue of a Distress Warrant, and the document will show the amount you must pay.

There is currently no legislation that sets statutory fees for bailiffs collecting unpaid court fines.

So, why is the bailiff charging £200+ fees? - That is because they 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 make a written formal complaint.

You may notice the bailiffs letter does not actually tell you that you have to pay the fees, it just a printed fee schedule on the document giving the ILLUSION you are liable for the fees.


Send this letter to the court service and it usually puts the matter quietly to bed.

Thanks for help guys /ladies
Much appreciated

[chrissy01]

Re: Urgent advice needed re marstons distress warrant

I was told by the legal advice service that this isnt the case and that the fees are payable due to late payment on fines!
What are the instances that the fine would be paid? I have noted on the court document it stipulates that they are payable.

[bluebottle]

Re: Urgent advice needed re marstons distress warrant

Hi Buster,

There is something seriously wrong here. Commercial bailiff companies enforcing fines on behalf HMCTS deduct their fees from the fine due. The cost of enforcement is incorporated into fines. The £85 Administration Fee and £215 Attendance Fee will go straight into the bailiff's pocket and Marston Group will, effectively, be paid twice. That is illegal. Your son needs to contact the court that imposed the fine, immediately, and ask to speak to the Court Manager. What he needs the Court Manager to do is confirm that the cost of enforcing the fine is incorporated into the fine and that Marston Group is paid by HMCTS. He needs to get that confirmed by email and/or letter, if at all possible. Come back onto this thread once your son has done this.

BB

[Nic]

Re: Urgent advice needed re marstons distress warrant

I can not answer this directly but I know there are wonderful people on here who will be able to advise you on what needs to be done however in my personal opinion as no bailiff has attended I would've thought the 215 would be illegal