help!! received notice of distress warrant 5 days after I had paid fine in full

[upset]

To start with, it was really confusing as I had few fines that my son had caused by magistades court HMCT me and I was struggling to pay, but just about managed to pay the last one so there shouldn't have been anything outstanding (although the last fine was 3 days late) yet 5 days later without any warning I received "notice of ditress warrant" by collectica, which said I owed £60, but not saying to whom I owed it, that was so confusing, the letter didn't say what it was for and I was so sure that I had already paid anything I had to, and I hadn't been in court for £60, so I thought maybe it's just a mistake that they didn't get the memo, I had paid and very naively thought that they'll be informed by the courts that all has been paid, not thinking anything more about it.

I should have as.. Today when I came home from school run with my little daughter, there was another letter saying I owe them £275, what is this, and for what, for "notice of attendance", I met no-one and nothing was taken.. I really don't have that money and if I already paid the fine before the notice of distress, do I owe them these fees?

This is my sons fine, but hence he is 15 I had to pay it, I don't work, I am a house wife and a mother of 25 years, I have no car, no property, no income, what are they going to come and take? My husband is struggling to pay of our bills and get us out of debts, we don't need this on top.

[labman]

Re: help!! received notice of distress warrant 5 days after I had paid fine in full

Did you by any chance pay the original fine at the court using their automated machine?

[upset]

Re: help!! received notice of distress warrant 5 days after I had paid fine in full

I paid online

[upset]

Re: help!! received notice of distress warrant 5 days after I had paid fine in full

also i never received "Further Steps Notice"

[fuzzybrain]

Re: help!! received notice of distress warrant 5 days after I had paid fine in full

Firstly welcome to Legal Beagles

I'm not hugely experienced in these matters but I have read a lot of posts, so know what the important questions will be in order to be able to help you resolve these issues. (I'm having trouble sleeping tonight so thought I might as well do something useful instead of staring at the celling and mentally decorating the house!! :bored: )

We have had similar stories in the past where people thought they had paid a payment and cleared the fine, only to discover the payment failed to go through and they hadn't realised this had happened so you are going to need proof this payment was made - the amount paid, when etc and that the accepted.

Do you have a confirmation email you made this payment was it was accepted?
Failing that can you prove the payment was made (entry on your bank statement perhaps?)

Could there be another outstanding fine you are unaware of? It might be an idea to call the Court who issued the distress warrant and ask what the fine is for and check it against your records for the pre existing fines you had and ensure it ones of those fines and not a new one coming to light.

If you could let us know the answers to the above it would be very helpful and i'm sure that we will be able to help you. Don't worry there a some incredibly talented and knowledgeable people on this site (who happily don't have insomnia!!) Labman is very knowledgeable and if he is still awake maybe able to advise further. If not i'm sure he and some of the other knowledgeable LBer's will be along in the morning to offer you further assistance and support. I'll chip in if I'm confident i'm giving correct advice - otherwise i'll just read and learn on the hope I maybe of use in the future.

[fuzzybrain]

Re: help!! received notice of distress warrant 5 days after I had paid fine in full

Duplicate post - sorry :embarassed:

[labman]

Re: help!! received notice of distress warrant 5 days after I had paid fine in full

If you did not receive a Further Steps Notice, you should contact the court and ask them if this was sent; if not, why not, and if not please will they call off the enforcement agents until such time as they follow the correct procedure.

If they can produce proof of issuing one, then you are left with your current situation. What has happened is the online system takes no account of bailiff fees. Some sites will tell you that you don't have to pay these as the bailiffs cannot charge for work they have not done. We tend to advise paying as we are not aware of any solid proof of people getting away with not paying.

What you have been charged is the £60.00 plus a £215 Attendance Fee (you now see why some sites advocate not paying this, as nobody attended - in your case they actually did for the £60.00).

Are you aware what charges you have incurred and why? You should certainly question the lack of a Further Steps Notice, and it may be worth sending letter 1 from here to get a proper breakdown of fees:

http://www.legalbeagles.info/forums/...Useful-Letters

[fuzzybrain]

Re: help!! received notice of distress warrant 5 days after I had paid fine in full

And if by magic Labman appears

[labman]

Re: help!! received notice of distress warrant 5 days after I had paid fine in full

And if by magic Labman appears

But off to bed now - a loooooong drive tomorrow ahead of me, so will disappear for a day or two! A few other very capable people around to help you with this issue though Upset, so don't worry!

[upset]

Re: help!! received notice of distress warrant 5 days after I had paid fine in full

I just feel like crying, I'd understand if I never paid anything or never intended to pay anything, but I actually paid the fine (of £115) in full, until 5 days later I received the confusing and threatening letter from the bailiffs, it didn't explain to me anything what the £60 was for and hence I had paid the fine of £115 in full 5 days prior to it, it just didn't make any sense.. it was so confusing that I didn't know what to do until now I received the double wammy of £275..
How can they ask me to pay something that was already paid, they would have known I had already paid hence they wasn't asking me to pay the £115 + their fees.. why am I suppose to pay them fees if the bill was already paid, wouldn't that have maid it unnecessary for them to get involved, neither there was no need for the visit as the fine was already paid, therefore there was no justification to attend??

[Qpips]

Re: help!! received notice of distress warrant 5 days after I had paid fine in full

Have a read of my thread Upset.. I will see if I can get Bluebottle to pop by.. You will be in good hands then!

http://www.legalbeagles.info/forums/...already-paid!!

[labman]

Re: help!! received notice of distress warrant 5 days after I had paid fine in full

Your best bet is to send the letter linked in Post 7 so you know what charges are for what.

I've just re-read your initial post and realise you are paying this for your 15 year old son. What is the fine for?

[bluebottle]

Re: help!! received notice of distress warrant 5 days after I had paid fine in full

It sounds to me like you need to contact the Senior Enforcement Manager (SEM) for HMCTS in the area in which the court that imposed the fine is located. Which court imposed the fine, please, as this will determine the SEM who needs to be contacted.

[upset]

Re: help!! received notice of distress warrant 5 days after I had paid fine in full

Stratford youth court, thames magistrates court. My son "robbed" 20p of a 11 year old, I am not saying he is not guilty, or he is guilty, he does a lot of silly spontaneous things that gets him constantly in trouble, and he is really sorry after, but what good does that do, although I have asked help from school and doctors and that he should be assesed really for this behavior, as he can disappear for over weekend without telling us from young age (11), I call police and they do nothing, I speak to social services, youth offending team they do nothing, yet I get to pay the fines, yippiee for being parent, I brought him up with good moral standards, never spoiled him, but rewarded good behavior, I could prove it if I had to on front of court, but there is no justice in this system, so what can I do? Anyhow enough yapping was just so upset about this all, my husband is working his butt of to pay the fines and feed us just to get basic needs filled, we haven't been on holidays for 6 years, and then we have this added on top, it's really upsetting, feel like jumping into a ditch.

[CleverClogs]

Re: help!! received notice of distress warrant 5 days after I had paid fine in full

My son "robbed" 20p off a 11 year old,

Yet you get fined?

we haven't been on holidays for 6 years

So that's why your son is a criminal - he obviously needs a holiday! msl:

feel like jumping into a ditch.

Rather than shoving your son into one?