bailiff wanting their fees in full

[lisarough]

hi all,
im hoping someone can give me a bit of sound advice on were I can go or ask
Basically I was issued a fine by the magistrates court own stupid fault kept forgetting to pay it !
Hence the baliffs arrive on my doorstep no previous communication with them or aware it had got this far, never let him in spoke to him on the doorstep after a very rude intimidating conversation with him demanding 495 pounds off me in full I slammed the door in his face and rang the courts who issued the fine and the warrant and paid the fine in full which they accepted .
baliff arrived again this morning demanding 495 in full or he was going to get a locksmith and force entry and take my goods still I wouldn't let him in to which he than rang police who advised me that he did have a court order to say he could enter my property and take my goods if I didn't pay him in full .
ive rang the bailiff agency and offered to pay their fees monthly but was told NO MONEY IN FULL
Anybody ideas on what I do now hes coming back tomorrow for payment ?

[bluebottle]

Re: bailiff wanting their fees in full

Does the £495 include the fine? If it does and you have proof you have paid the fine, photocopy the receipt from the court and provide a copy to the bailiff company. Which company is involved?

Also, did you receive a document called a Further Steps Notice before the bailiffs got involved?

[russelldash]

Re: bailiff wanting their fees in full

you have no contract with the bailiff don't let him in and use reasonable force to stop him and if the police take sides sue them

[bluebottle]

Re: bailiff wanting their fees in full

you have no contract with the bailiff don't let him in and use reasonable force to stop him and if the police take sides sue them

The bailiffs are entitled to charge £310 maximum once the fine is paid. If the OP did not receive a Further Steps Notice, the involvement of the bailiff may be unlawful. The FSN is a legal requirement before a distress warrant may be issued.

[russelldash]

Re: bailiff wanting their fees in full

the more I comment on this site the more it seems in favour of the bailiffs and what they think can be done if you don't let them in the matter is returned to the clerk who instructed them and you paid it sa la ve Don't let them in and have fun

[lisarough]

Re: bailiff wanting their fees in full

Evening all
update bailiff coming back Tomoz with locksmith to take my goods
no fsn letter was received or a letter from bailiffs received to inform of their intention to visit
have checked bailiff register and spoke ccbc this agent is not showing on the register ave also emailed ccbc register just make sure
have asked agent for date and were the licence was issued will speak to the court in question in the morning
at this stage I just need to know if he can still legally access my property with the help of a locksmith

[russelldash]

Re: bailiff wanting their fees in full

remember to lock your doors and leave the window open as if they try to gain entry in this way you can use the full force of the law Can not wait for this scenario
bang crash wallop:tongue2:

[lisarough]

Re: bailiff wanting their fees in full

Also wots the normal time scale I've gone from warrant of control to final notice in less than 24 hrs

[lisarough]

Re: bailiff wanting their fees in full

I feel like he's rushing me to get his fees before the payment to the court shows on my account

[bluebottle]

Re: bailiff wanting their fees in full

the more I comment on this site the more it seems in favour of the bailiffs and what they think can be done if you don't let them in the matter is returned to the clerk who instructed them and you paid it sa la ve Don't let them in and have fun

With court fines, the court must first send a reminder, then a Further Steps Notice. If the FSN is not sent to the debtor, a distress warrant cannot and should not be issued as the FSN is a legal requirement under Criminal Procedures Rule 52.8.

Under the new regs, the bailiffs are permitted to charge £75 on issuing a letter and can only charge a further fee of £235 if they have to attend a debtor's address.

However, from the figure the OP is quoting, it sounds like a fine of £185 Fine + £75 Compliance Fee + £235 Enforcement Fee. Since the fine has now been paid, because the bailiffs have turned up, they are entitled to charge £310 only.

The OP needs to ring the court and find out when the bailiff company received the warrant. It may be that the warrant is nearing its expiry date which might explain the bailiff's demands. If not and it has been issued recently, the bailiff is being very silly and so is the bailiff company. Also, if an FSN has not been sent, there is a possibility the bailiff is on a sticky wicket and should refer back to the court.

[lisarough]

Re: bailiff wanting their fees in full

The warrant was issue on the 29th april

[russelldash]

Re: bailiff wanting their fees in full

Just one thing has he entered your home if so don't hit him it makes a difference in law if you have let him in

But if on the first visit if he don't get out when told to do so after trying to force his way in he has acted illegally

so law on your side I suggested you only talk through the window and if he trys to get in let him have it common law and English Castle :doggieyes:

[lisarough]

Re: bailiff wanting their fees in full

He's only got as far as my drive ! Even wen he turned up with the police I let them in not him I appreciate he's only doing his job I just need to make sure everything is legal

[bluebottle]

Re: bailiff wanting their fees in full

Then the bailiff has about four months in which to collect. When you speak to the court, ask what timescale the bailiff company has been given in which to collect the fine and fees. Also ask to which address the court sent any correspondence. If they say then sent an FSN, challenge this. They will claim it is on their system. This, in itself, is not proof that the FSN has been physically sent. The Interpretation Act requires that a letter must be posted and that means a correctly-addressed and stamped envelope must be placed in a post box or sack for collection by Royal Mail in order for someone to claim that a document has been sent. If no proof can be provided, this would indicate it may not have been sent. Ring the court as early as possible. Make sure you have the receipt for the fine from the court just in case the bailiff arrives.

[lisarough]

Re: bailiff wanting their fees in full

I have a receipt for the fine payment on my emails and a bank statement saying it's left my account
I spoke to the accounts department this morning and they said anything between 6-12 months the warrant is valid