Fees from Marstons, are they enforceable?

[fedupwithtryers]

I wonder if someone can help please. My husband had a court fine that I have kept from him as he has high blood pressure and does not take things like that well. Unfortunately I was unable to pay it in the stated time as we did not have the money. We then had a bailiff from Marstons attend who put a letter through the door stating the original amount, a court fee and bailiffs fees of £215 were due. The following week I had sufficient money to pay the fine and the court fee but not the bailiff so I paid the court directly. I now keep getting phone calls and messages from the bailiff saying that I owe the £215 still and he will tell my husband (the bailiff has my phone number from a previous encounter). This morning he has posted through a removal notice stating that unless we contact him goods will be removed and sold to cover the outstanding money (which is bailiff fees as nothing is owing to the courts). I asked him the other week for a breakdown of costs and was told the money is owing and a breakdown changes nothing.
So what I really need to know is are the bailiffs fees enforceable and if so are they able to take goods or would they have to go to court separately for their debt?
Many thanks in advance

[ploddertom]

Re: Fees from Marstons, are they enforceable?

Did your husband know about the original fine? Before the Bailiff became involved did he receieve a Final Steps Notice? Going back to the original fine did he plead guilty & if so did he attend or do it by letter? If he pleaded guilty by letter did he also return the form that asked about his income or if he attended was he asked about this?

[labman]

Re: Fees from Marstons, are they enforceable?

It's very strange they're claiming fees of £215, I'd have expected either £85 or £300. £215 is applying the fees in a back to front way, as an £85 admin fee comes first. The £215 is for attendance.

The questions asked in post 2 are critical to answer, so please make sure you do. :beagle:

[fedupwithtryers]

Re: Fees from Marstons, are they enforceable?

Sorry for the delay in replying. Unfortunately there was a final steps notice sent, but my husband did not attend as he does not know anything about it all, as I mentioned with high blood pressure I always try and keep as much from him as possible so getting in touch with the court isn't an option as they will want to hear from him not me.

[labman]

Re: Fees from Marstons, are they enforceable?

So was there a plea made by post, or was it just all totally ignored?

Was he at any time asked about his income and expenditure?

[fedupwithtryers]

Re: Fees from Marstons, are they enforceable?

Sad to say it was totally ignored

[labman]

Re: Fees from Marstons, are they enforceable?

Did your husband know about the original fine? No, as you didn't tell him due to his blood pressure.

Before the Bailiff became involved did he receieve a Final Steps Notice? Yes.

Going back to the original fine did he plead guilty & if so did he attend or do it by letter? He didn't plead anything, it was ignored.

If he pleaded guilty by letter did he also return the form that asked about his income or if he attended was he asked about this? No IE completed at all

Is that all correct? :beagle:

[fedupwithtryers]

Re: Fees from Marstons, are they enforceable?

Yes labman that is all correct

[ploddertom]

Re: Fees from Marstons, are they enforceable?

There are a few different scenarios here and I have to confess and say none of them are good.

1 - as all communication from the Court has been ignored you have little redress with HMCTS and they have rightly passed it on to the Bailiffs for enforcement. You could try pleading the vulnrability issue but think that may fall on deaf ears.

2 - it appears that the Bailiff may be calling and is doing nothing wrong. It may be that you do not have enough goods that could be seized or removed to satisfy the debt. However if he cannot gain access or be allowed to speak to the Defaulter then he may pass it back to the Court who will issue a summons for him to appear in Court. If he fails to show then an Arrest Warrant may be issued where he can be lifted and made to wait until a Sitting of the Magistrates takes place.

3 - by avoiding the Bailiff this could be seen a wilfully refusing to pay in which case a forced entry could be made.

Sorry to say but you are possibly doing him no favours by keeping him out of the loop. Only if he is in immediate danger of a MI should this be done but I assume he is on medication. Why can I say this - because I have the scars down the centre of my chest.

[wales01man]

Re: Fees from Marstons, are they enforceable?

Can I butt in to the OP your husbands blood pressure can be treated by a Doctor mine has sorted mine it was very high secondly as this escalates with the Bailiffs he will find out PLEASE tell him Please get advice and please don't let this affect you so much if you do not have the money to pay it off they must allow you time to pay

[labman]

Re: Fees from Marstons, are they enforceable?

It is all set out quite clearly HERE.

[wales01man]

Re: Fees from Marstons, are they enforceable?

It explains it all the longer it all goes unpaid the more the costs rack up the OP needs to sort this out now doesn't seem to be a way out when convicted and the fine is not paid in simple terms Bailiffs Cost and as we have read so many times don't give up easily

[Milo]

Re: Fees from Marstons, are they enforceable?

You have asked the question as to whether non payment of the fees is enforceable and the simple answere is YES.

The link below is to a thread which although quite lengthly explains why fees are payable. All of the posts are mine and Labman kindly started the "thread" on my behalf and it is displayed in the "Sticky" section.

Would you mind posting back to provide details of what the fine was for.

Given that your husband has no idea at all about this fine then it would be a simple matter for HIM to swear a Statutory Declaration but this would mean him attending court. It may be time to be honest with him but that must be your choice and yours alone.



The thread about the fees is here:

http://www.legalbeagles.info/forums/...d-Bailiff-Fees

[wales01man]

Re: Fees from Marstons, are they enforceable?

If he signs a SD when his wife knows all about the case and fine would a court accept this I know I would not if I was a judge its been going on to long?Bearing in mind she paid the fine

[labman]

Re: Fees from Marstons, are they enforceable?

If he signs a SD when his wife knows all about the case and fine would a court accept this I know I would not if I was a judge its been going on to long?Bearing in mind she paid the fine

Why wouldn't the court accept it? A SD is the equivalent of swearing under oath in a court of law. It would be a foolish person who tok a SD into a court room knowing it was untrue.