Bailiff's Fees

[p41nta]

Dear All,

I am looking for advice from people more knowledgeable than myself.

I received a 'removal notice' from Marstons Group for the sum of £542, and at the time I had no idea what for.

After researching the matter, I found out a court fine I had been paying some years ago hadn't been fully settled. I had no letters from anyone regarding the outstanding amount, and had since obviously been placed with Marstons for collection.

The sum of £542 was made up £242 for the outstanding fine, and £300 costs. I believe, from internet research, the costs are made up of £85 'admin fee' and £215 'van attendance fee'. I subsequently paid the outstanding amount of £242 in the court fines office and was given a receipt.

I then received a letter from HMRCS saying that there was a warrant against the account with the Marston Group for enforcement of the outstanding amount due. My payment would be credited against the fine, and they will (Marstons) deduct the amount paid from the outstanding amount.

the letter also goes on to say that 'once the warrant has been issued the enforcement agent is entitled to collect their FEES, associated with the execution of the warrant', and that Marstons 'will continue to enforce against you collection of their fees, once the amount due to the court has been paid'.


Now it seems to me, and again through hours of internet research, that the court do not enforce bailiff fees, only that they are 'entitled' to collect them, and that a distress warrant ceases to be once the original fine has been paid, which it is has been.

Sorry to go on, but I'm asking whether Marstons can still chase fees now that the fine has been paid? The bailiff (who isn't certified btw), has told my parents on the phone (the only number he has) that he can still use a locksmith to enter the property and take goods to cover their costs'

any advice would help....

[bluebottle]

Re: Bailiff's Fees

Has the court explained why you did not receive a reminder, followed by a Further Steps Notice, which is a legal requirement before enforcement may be commenced?

Have you moved address since the fine was imposed?

Do you and your parents live at different addresses or the same address?

[Sir Vere Brayne d'Emmidge]

Re: Bailiff's Fees

Now it seems to me, and again through hours of internet research, that the court do not enforce bailiff fees, only that they are 'entitled' to collect them, and that a distress warrant ceases to be once the original fine has been paid, which it is has been.

There are a couple of anomalies with the bailiff/court action, I will come to those in a second, but, I am afraid you seem wrong, the Criminal Procedures Rules, under part 52, paragraph 8 section 5 is positively crystal clear:

(5) The warrant no longer has effect if—
(a) there is paid to the person executing it the sum for which it was issued and any extra sum payable in connection with its execution;
(b) those sums are offered to, but refused by, that person; or
(c)that person—
(i)is shown a receipt given under rule 52.3 for the sum for which the warrant was issued, and
(ii) is paid any extra sum payable in connection with its execution.

If the fees are lawfully applied they form part of the payment to clear the warrant. It is not unknown for bailiff to use all their available powers to enforce the payment of fees, after all it was their action that spurred you to pay the outstanding amount of the fine, and are entitled to be paid for obtaining a result.

Also, with the new system, whatever you paid, is shared by the Court and the bailiff, with the Court having the largest percentage, which means that until you have paid in full the Court themselves are not satisfied.

Are you sure that the bailiff is not certifiicated? If that is the case the enforcement stage fee of the warrant is not payable and the bailiff should be reported to the Court issuing the warrant.

Does the bailiff have written permission from yourself that he/she can discuss the issue at hand with your parents? If not he/she is in breach of the Data Protection Act and accordingly should be reported to the Court issuing the warrant.

[BeagleyBailiff]

Re: Bailiff's Fees

On what date was the fine paid in the court? There is one site which is well known for stating that if the fine is paid in court the £300 fees are not payable as the debt has been discharged. It is a topic which has been subject to much discussion and if you have done the extensive research you are stating, you would inevitably have come across 'the other side' of the argument which states the fees are payable. The view of LB has always been that the £300 fees for a Magistrates' Court fine are payable. I appreciate this may not be what you wish to hear, but sadly it is the case as we believe it to be.

Your hours of research appear to have been heavily based around the views of those who believe the £300 element is not payable if the fine is paid in the court. The site team will have the explanation of why LB believes this to be the case, the argument centres around the legislation and the contract between HM Courts and the bailiff company in question. I suggest you direct your question directly to them.

It is very dangerous to believe everything you read on the internet and you need to be particularly careful to ensure you read fully around every topic.

[Guest]

Re: Bailiff's Fees

Sorry to go on, but I'm asking whether Marstons can still chase fees now that the fine has been paid? The bailiff (who isn't certified btw), has told my parents on the phone (the only number he has) that he can still use a locksmith to enter the property and take goods to cover their costs'

any advice would help....

Just to echo what has been said above. The bailiff is entitled to recover his fees as itemized in his contract with the court. He is fully and legally justified and able to use the same powers to recover these as he is to recover the fine.

These are unfortunately the facts of the matter.

[wales01man]

Re: Bailiff's Fees

It stands to reason that the Fine was only paid after involvement from the Bailiff so they are entitled to their fees like it or not.
if someone is convicted by a court and fined its their responsibility to pay or face the consequences .
Sorry but that's my view

[p41nta]

Re: Bailiff's Fees

Thanks for all your responses.

I have tried to look at so many websites and so many blogs, forums etc, it's hard to garner any sort of definitive answer.

If the £300 fees are legal and allowed to be charged, I can understand the £85 'admin fee', but how can they charge £215 'van attendance fee' when a van has never attended to levy my goods?

I have checked the register at 'justice.gov.uk' and there was no sign of the chap on there. Also, as mentioned, he has discussed the details at great length with my Dad, with no permission from myself.

[ploddertom]

Re: Bailiff's Fees

Thanks for all your responses.

I have tried to look at so many websites and so many blogs, forums etc, it's hard to garner any sort of definitive answer.

If the £300 fees are legal and allowed to be charged, I can understand the £85 'admin fee', but how can they charge £215 'van attendance fee' when a van has never attended to levy my goods? - it isn't a a van attendance fee, it is a visit fee which they can charge.

I have checked the register at 'justice.gov.uk' and there was no sign of the chap on there. - the register is hopelessly out of date, to find out details ask him outright. Also, as mentioned, he has discussed the details at great length with my Dad, with no permission from myself. - think you will find this will be taken as a minor infringement

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