Do we have to pay the bailiffs fees?

fiodyl

My partner had a court fine for £785- he contacted the court 3 times to repay it at £20 a month but they never replied.

I was made redundant this year so we have been using the lump sum I recieved to clear everything we owe.

He phoned the court to pay the fine, but they said it was passed to a bailiff on 23/06/08 so he would have to pay it to them instead. when he phoned the bailiff she said over £300 of fees have been added so we have to pay those too or she will still call round to collect goods to that value as the court has added the fees and wants her to collect the whole amount.

He said we couldnt pay the fees as it would mean we cant pay what we owe to other debts and we feel it shouldn't have been sent to bailiffs anyway as we have been trying to contact the court and pay.

She also said if she sent the case back to the court they would send the police round to arrest my partner.

Is this right and do we have to pay the bailiffs fees?

srichards

Firs things forst.

You have no obligation to deal with baliffs, nor open the door.

In fact dont open the door, and do not let them in!!!
ever!!

The police would not be there to make arrests, only to keep peace.

She is using scare tattics, hoping they will work

but this forum is a massive pot of advice, far better than I can offer.

but more importantly dont panic, dont let anyone in, and make sure your windows and doors are loked at all times, or they can get in that way.

x

Those £300 fees are way exessive and they cannot charge this amount.

GeorgeUK

do a search for herbie on the board. She has alot of posts relating to bailiffs and the fees they are allowed to charge. £300 is a joke.

Have a look at the website https://www.bailiffadviceonline.co.uk
Details of charges should be in there somewhere.

fiodyl

i will go and look at that website now and come back if I have any questions. The bailiff has not yet been round or contacted us- we contacted them after the court gave us their phone number.

She did however say we had been sent 6 letters, which we have not received. My partner rang the court again and asked if they had sent any and they said no as they don't have to. The bailiff has refused to send copies of these letter or confirm the address they were sent to, she did however offer to show us them in person- but he said no as he felt this was a trick to allow her into our flat.

GeorgeUK

You can also try PM'ing Herbie21. She comes on site and helps alot of people with bailiff queries.
http://forums.moneysavingexpert.com/private.html?do=newpm&u=204019

CCCS_Sarah

The fees that bailiffs can charge for recovering money vary. There are fixed fees for bailiffs collecting council tax; for example, from 1 April 1998 fees for the first visit by a bailiff are £20 and £15 for a second visit, where no levy or seizure is made.

All bailiff fees (with the exception of magistrates' court bailiffs) can be looked at by the county court to see if they are reasonable or excessive. This is known as 'detailed assessment'. If a debtor thinks that the bailiff's fees are excessive they should contact the county court.

fiodyl

It is a magistrates court bailiff I think the company is called Marstons. The fines were definatley from the magistrates court because my partner drove his 'friends' car. My partner only had a provisional licence and the friend told him the car was insured when it wasnt and also didnt mention he was actually banned so didnt have a licence either.

We are not disputing in any way the actual fine and quite happy to pay it- my partner has learnt from his mistake and this person is not a friend anymore.

CCCS_Sarah

I have not managed to find anything out for you as yet. You could try and come to an arrangement with the bailiffs and see if they are willing to wipe the fees in receipt of the outstanding balance.

I will keep looking for you though and will let you know soon.

fiodyl

We tried making an arrangement with the bailiff but she won't accept anything but the full amount of £1117 including the fees.

Ive got in touch with someone on www.bailliffadviceonline.co.uk who is going to ring me with some advice.

letsmakeamark

If it is a unpaid magistrates fine then the bailiff can force their way in and also if you obstruct them you could end up being arrested. Do not chance a confrontation with them.

GeorgeUK

Any news on this fiodyl?

Hate to disagree with you lmam but only a bailiff from the inland revenue can force entry. Also you will only be arrested if you willfully refuse to pay. Not being able to pay and not being able to reach a repayment agreement will not put you in prison.

You cannot be imprisoned for not paying your debts. However, non-payment of council tax, child maintenance or magistrates court fines can lead to imprisonment if you 'wilfully refuse' to pay. This means that the magistrates must be satisfied that you have the money but choose not to pay. You should be required to attend a magistrates court means enquiry hearing before this is decided. This gives you the chance to explain why you have not paid.