Bailiff discussion thread

[Guest]

NOTE FROM SAPPHIRE

Okies as requested by Cel I am moving 'certain' posts from another thread for two reasons, the first is to allow Buster1967's thread to proceed in an orderly way and the second is in order to provide you lot a place to have a discussion. So please discuss away, come out of your corners cleanly, play nicely and ON NO ACCOUNT punch below the waist, and that means keep the insults friendly, I will be watching this thread closely, if I think that anyone is not playing nicely, you will be given the red card and told not to post for a while in order to allow you to calm down.

Hopefully you all know and understand the rules, if you don't then don't post capiche ?


Carry on .......

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.

This isn't a universally held view is it HC. The document you refer to (EX345) i am given to understand refers to; "ONLY to CIVILIAN ENFORCEMENT OFFICERS (who are employees of the Magistrates Court). The private sector companies such as Excel, Philips, Marston Group etc are in fact, APPROVED ENFORCEMENT AGENTS. "
(Whole post available here
http://www.consumeractiongroup.co.uk/forum/showthread.php?330478-Freedom-of-Information-Act-Request.-Does-HMCS-officially-acknowledge-bailiffs-are-increasing-defendants-court-fines&p=3676767&highlight=happy+contrails#post3676 767 )

Is this incorrect?

D

[bluebottle]

Re: Urgent advice needed re marstons distress warrant

This isn't a universally held view is it HC. The document you refer to (EX345) i am given to understand refers to; "ONLY to CIVILIAN ENFORCEMENT OFFICERS (who are employees of the Magistrates Court). The private sector companies such as Excel, Philips, Marston Group etc are in fact, APPROVED ENFORCEMENT AGENTS. "
(Whole post available here
http://www.consumeractiongroup.co.uk/forum/showthread.php?330478-Freedom-of-Information-Act-Request.-Does-HMCS-officially-acknowledge-bailiffs-are-increasing-defendants-court-fines&p=3676767&highlight=happy+contrails#post3676 767 )

Is this incorrect?

D

I am going to speak to the HMCTS Enforcement Manager at my local Magistrates Court and obtain clarification on this point, Davy. As soon as I can speak to him, I will post up what he says.

[Guest]

Re: Urgent advice needed re marstons distress warrant

This isn't a universally held view is it HC.http://www.consumeractiongroup.co.uk/forum/showthread.php?330478-Freedom-of-Information-Act-Request.-Does-HMCS-officially-acknowledge-bailiffs-are-increasing-defendants-court-fines&p=3676767&highlight=happy+contrails#post3676 767 )

Is this incorrect?

D

You will remember when you debated this from your CAG name, this subject was beaten to death, and I asked many times for the legislation that enabled fines bailiffs to charge fees. You will remember that you were unable, and by the sound of it - still unable to produce it, while evidence to the contrary exists, e.g. the HMCTS Enforcement Services Contract - which you can read in its entirety on , which it contains nothing about the defendant being liable - in fact, the opposite



I also see WD has made a Jekyll & Hyde comment about me, Pepsie, er, remember This? and this?


Too bad someone grabbed it before the CAG police covered it up.

[Guest]

Re: Urgent advice needed re marstons distress warrant

Hi
I think you are confusing me with someone else. I have never debated this before.

I do have the highest regard for TT and pepsie. and have read their logical and reasoned arguments and together with the actual evidence produced i must admit i concur with the majority opinion, which is that these fees are in fact a legal charge until a court rules that they are not.

Also i agree that advising people not to pay is unwise and possibly irresponsible.

D

[Guest]

Re: Urgent advice needed re marstons distress warrant

Hi
I think you are confusing me with someone else.

D

You are peter bard, the guy who set up a CAG petition thread about bailiffs being allowed to break into homes - after you misunderstood what the TCE bill was really all about, and that was why there was a lack of interest despite MARTIN3030 bumping it.

[Guest]

Re: Urgent advice needed re marstons distress warrant

Hi
Also i agree that advising people not to pay is unwise and possibly irresponsible.

You are entitled to your opinion, but I will still use the fee recovery template because court fine fee recovery is the biggest cash cow on DWB, followed in this order, Copuncil tax, parking, then HCEO rule 12 costs.

I give advice based on procedures that work, not theory by someone who is unable to comprehend the terms of the HMCTS enforcement services contract.

[Guest]

Re: Urgent advice needed re marstons distress warrant

Pepsie aka Wonkeydonkey

Why did you deny it?

You didnt expect to get busted on the CAG forums.

[Guest]

Re: Urgent advice needed re marstons distress warrant

You are peter bard, the guy who set up a CAG petition thread about bailiffs being allowed to break into homes - after you misunderstood what the TCE bill was really all about, and that was why there was a lack of interest despite MARTIN3030 bumping it.

As i said i have not argued the fee issue with you, but as in many other things you are deluded.

Regarding the TCE bailiff petition , i believe it was set up in conjunction with two MPs the chair of the law reform group and two members of the house of lords who must also have "misunderstood".

The efforts of the people who helped out in that particular enterprise are in no small measure responsible for the none implication of the offending sections of that particular piece of legislation.

I mention this for the benefit of others reading this, i know that you are far to far gone into your delusional world to appreciate such trivia as facts.

D

[Guest]

Re: Urgent advice needed re marstons distress warrant

You are another one who is reading law at Oxford, Im delusional, and the House of Lords got it wrong. Your good!

[Guest]

Re: Urgent advice needed re marstons distress warrant

[QUOTE=Happy Contrails;284273]

Nope no formal qualifications in law whatsoever, not even a pilots license.

D

[pepsie]

Re: Urgent advice needed re marstons distress warrant

Why did you deny it?

You didnt expect to get busted on the CAG forums.

I never denied anything, as I was never asked anything ?

Pepsie

[Hurricane Puffrose]

Re: Urgent advice needed re marstons distress warrant

:focus: do we have any news to clear the matter up from the HMCTS Enforcement Manager BB, which may be more use for the OP?

[Guest]

Re: Urgent advice needed re marstons distress warrant

Unfortunately, neither statement is true.

[Guest]

Re: Urgent advice needed re marstons distress warrant

You denied being WD, but since you got busted, you can explain this comment. Then again, making blind accusations is what you do best isnt't it?

[Guest]

Re: Urgent advice needed re marstons distress warrant

As i said i have not argued the fee issue with you, but as in many other things you are deluded.


D

I cant keep up with you repeatedly editing your posts.

What other things do you think I am deluded? - You do narf come up with some guff.

You say I dont have a pilots license, that is not true, I passed my PPL in 1982 and my commercial license in 1985.

You say I dont have a legal qualification, I am a qualified estate planning practitioner. I have also completed several courses with the Ministry of Justice and I continue to maintain yearly CPD.

I have no qualifications in civil enforcement because there aren't any, but members of the public and advice groups who choose to approach me for my help, will receive it.