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Do we have to pay the bailiffs fees?

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  • GeorgeUK wrote: »
    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.

    I would refer you to this link.
    http://www.bailiffadviceonline.co.uk/magistrates.htm
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    lmam, thanks for that but the page does not mention arrest or forced entry.

    Not got time tonight to look at any legislation, but i'll try tomorrow just to make sure.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • GeorgeUK wrote: »
    Any news on this fiodyl?

    Hate to disagree with you lmam but only a bailiff from the inland revenue can force entry.

    From 18 July 2005, bailiffs working for magistrates' courts are able forcibly to enter a debtor's premises to levy distress for unpaid fines issued by magistrates' courts or the Crown Court. The bailiff can only use force as far as it is 'reasonably required'.

    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.

    For court fines if the bailiffs are unable to levy then the magistrates court may issue a warrant for committal to prison
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Thanks for that freman.
    Obviously the source i was looking at was fairly old then.

    Thanks also to letsmakeamark.
    Glad one of us is one the ball. :o

    Hope you get this sorted ok fiodyl
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • fiodyl
    fiodyl Posts: 117 Forumite
    Hi just a quick update on this.

    Someone from the bailiffadvice website phoned me last week. She suggested that we email the person who oversees the bailiff/court action for this area to complain that we never recieved a letter stating that if we didnt pay at that point it was being sent to the bailiffs and charges would be added. She said that he should then arrange for the case to be taken back by the court and we would only have to pay the fine and not the fees-which is what we want to do.

    She said she had sent me an email with this information and the contact details etc but I havent recieved it. I've left a message asking her to send the email again but heard nothing yet.

    I am getting really worried about this whole thing now, every time theres a knock at the door I expect it to be the bailiffs and when I go out I expect to find the front door kicked in on my return and my belongings taken.

    Does anyone know who it is I should be emailing, or if I could just take £785 in cash to the magistrates court and pay the fine, so I can stop worrying about this.
  • Herbie21
    Herbie21 Posts: 562 Forumite
    I have sent you a message.
  • Without being negative, if it went to bailiffs on 23rd June, the post here was dated 12th August, I think the court would be looking to say why has there been nothing happening in the interim. Paying a fine is a 2 way interraction and I think asking them to cancel the proceedings because you don't want to pay the fee's is unlikely to work (although you my get lucky), also, the fee's the Magistrates courts charge nowadays are actually nationally agreed so there won't be any real opportunity to challenge them on the "unreasonableness" basis as you can do with council tax recoveries.
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