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martson High Court Enforcement officers & Certified Bailiffs

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  • martson High Court Enforcement officers & Certified Bailiffs

    Hi i could use a little adviceif possible. Basically, last year i was fined for non payment of train fare through the court, i was issued something like £180 to pay having to pay a minimum of £5 a week with a payment card. I was paying £5 a week for a few months and paid a lot of it off, the thing is, due to lack of funds i had to stop paying for around 3 - 4 weeks. During this time i had lost my payment card, i had no paperwork regarding my fine so i had no idea of how to apply for another one or contact the courts regarding the debt. I presumed i would be given a notice or warning/reminder about this debt but it never came
    Yesterday i recieved a letter from Martson High Cour Enforcement Officers & Certified Bailiffs stating
    "fine:£61.50
    Fees:£85.00
    Cost:£0.00
    VAT:£0.00
    Total:146.50
    "We are in possesion of a Magistrates Court Order as a consequence of non payment of the above amount. We are instructed to demand immediate payment in FULL from you. We must inform you that unless the TOTAL sum due is paid into our office within 7 days of the date of this letter, our bailiffs will attend to levy the distress and remove your goods for sale by PUBLIC AUCTION. This action will involve minimum further costs of £215"
    The thing is i have no way of paying this whatsoever, i'm on JSA and have already used the fortnightly payment i recieve, i'm not paid again untill the 25th, i also owe money out on that day anyway and i even if i had all my JSA to make a payment i don't even recieve enough to pay the fine in one payment.
    Also, i live with my dad and 99% of the property in the house is his, i only own a computer and it's worth less than half of the £146.50.
    I don't understand why there was no warning or reminder letter before this, there isn't even a number to dispute or discuss the matter on the letter, just a payment line and free debt advice line for the citizens Advice Bureau.
    I'd like to know if the bailiffs will allow me to setup a payment plan when they're sent round and also if i did set up a payment plan, would they add the further cost of £215 even though they've already added £85.00 fine on top of the £61.50 i had left to pay (how do they justify putting over 120% on top of what was left?).
    Any advice would be appreciated, thanks.
    Tags: None

  • #2
    Re: martson High Court Enforcement officers & Certified Bailiffs

    Were you in court when the fine was imposed and, if so, did the court examine your means at the time? If that has been done, okay. However, fast forward and you now find yourself on limited income and having difficulty in paying the remainder of the fine. I would recommend you apply to the court that imposed the fine for a Means Hearing on the grounds that your circumstances have changed and ask the repayment to be varied. One way is an Attachment of Benefits Order (ABO), which means a small amount will be taken from your benefits towards the fine.

    You say that you did not receive a reminder, called a Further Steps Notice (FSN). HMCTS will swear blind they sent it, but if not sent, they cannot instruct bailiffs. The FSN is a legal requirement.

    You may need to be persistent with the application for the Means Hearing. However, there has recently been a Judicial Review (JR) about fines, so you may not have to keep badgering them.

    Let us know how you get on.
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: martson High Court Enforcement officers & Certified Bailiffs

      Yeah the court examined my means at the time. I've phoned he enforcement office and explained about not having a further steps notice issued and they told me I had one issued to me in june of last year, this was before I was sent to court and got my payment card, they advised me to ring the bailiffs and try to sort something out with them, the only numbers available for them are payment numbers, could you offer anymore advice because it's looking like I'll have to try and get some sort of loan because I need to sort it by thursday.

      Comment


      • #4
        Re: martson High Court Enforcement officers & Certified Bailiffs

        If what you say is true then procedure has not been followed and it is up to HMCTS to sort this out.

        Comment


        • #5
          Re: martson High Court Enforcement officers & Certified Bailiffs

          Yeah well according to them they cant do anything now as it's been passed on to the bailiffs already.

          Comment


          • #6
            Re: martson High Court Enforcement officers & Certified Bailiffs

            Originally posted by anto135 View Post
            Yeah well according to them they cant do anything now as it's been passed on to the bailiffs already.
            In my view that is their problem, you need to speak to the Court Manager or Fines Officer and point out that as they have not followed the correct procedures you may instigate a Formal Complaint via the MOJ.

            Comment

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