Court fines and Bailiffs advice please

rich_shot2003 · 14 July 2012 at 3:56AM

I got fine by a Magistrates court due to not have a TV licence(we have one now) reason i have missed some of the payments is due to a Change in Benefits.

so yesterday i got a letter from a Company called Marston group saying they are in possession of a magistrates court order and they demand full payment (£107.00 fine and £85 fees) within 7 days from date of letter(11th July).

but we can not pay the full sum as on Benefits so will they accept a payment plan?

what is the best way to sort this out?

it also says that if we dont pay within 7 days they will come and remove our goods so if thats happens can they break in?

i know we should have had a Licence in the 1st place and that it is our fault.

Queries · 14 July 2012 at 4:44AM

Contact the CAB (Citizens Advice Bureau) as soon as possible, via their 'phone number (or internet - their response may take about five days). I would do both, if I was you. If you have to pay the debt, then the CAB, should be able to arrange a payment plan with your debtor, which you can afford.

Also, as far as I am aware a bailiff cannot enter your flat/house unless invited - they are like vampires - once invited or let in, they can return. Keep your windows closed and outside doors shut if you think they might be due (apparently, it is (or was) legal for them to enter through these means).

If you have a camera, have it ready, they cannot touch you (assault) and in some cases the polce have to be there.

Contact the CAB, a.s.ap. and I wish you well. good luck!!!

sgtbush · 14 July 2012 at 5:02AM

its a magistrates court fine, they can force entry with a warrent under sh 5 of the magistrates court act
yes they will accept a repayment plan

rich_shot2003 · 14 July 2012 at 5:10AM

sgtbush wrote: »

its a magistrates court fine, they can force entry with a warrent under sh 5 of the magistrates court act
yes they will accept a repayment plan

is that the court will accept a repayment plan or the bailiffs?

im asking as it says on the letter that they want full payment within 7 days.

so do i not have contact with the court now just the bailiffs and will they accept £5 a week?

sgtbush · 14 July 2012 at 5:19AM

the bailiff company will be dealing with it on behalf of the courts, their will be a warrant of distress out on you, the guidlines on repayments are set by the courts, not the baliffs, the courts will accept a certain amount of time to repay the fine in full plus costs.
if you cant pay what the guidelines are then make volentary payments on it but enforcement will still continue.
eventually it will get passed back to the courts as unenforced if its not paid in full.
the courts will then look at the case and make a decision on what to do, if regular payments have been made voluntary, then they may give you more time, if you havent then the worst thing is a warrant of commital is issued for you.
you would be arrested in that case

rich_shot2003 · 14 July 2012 at 5:36AM

sgtbush wrote: »

the bailiff company will be dealing with it on behalf of the courts, their will be a warrant of distress out on you, the guidlines on repayments are set by the courts, not the baliffs, the courts will accept a certain amount of time to repay the fine in full plus costs.
if you cant pay what the guidelines are then make volentary payments on it but enforcement will still continue.
eventually it will get passed back to the courts as unenforced if its not paid in full.
the courts will then look at the case and make a decision on what to do, if regular payments have been made voluntary, then they may give you more time, if you havent then the worst thing is a warrant of commital is issued for you.
you would be arrested in that case

Many thanks for that.

just one thing on the letter is says they are instructed to demand immediate payment from you in full so does that mean that the court wants the money within 7 days and wont accept payment plan? thats the bit im stuck on understanding.

RobertoMoir · 14 July 2012 at 7:52AM

Queries wrote: »

Also, as far as I am aware a bailiff cannot enter your flat/house unless invited

You are aware wrongly. Very wrongly in the case of magistrate's court fines.

rich_shot2003 wrote: »

just one thing on the letter is says they are instructed to demand immediate payment from you in full so does that mean that the court wants the money within 7 days and wont accept payment plan? thats the bit im stuck on understanding.

They will want the money as fast as possible, ideally within those 7 days. The bailiff may be willing to negotiate a payment plan.

Fosterdog · 14 July 2012 at 8:34AM

Does the letter give a breakdown of "fees"? If they are court fees they will be added to the fine but if they are bailiff fees then £85 is too much, there is a maximum they are allowed to charge you.

RobertoMoir · 14 July 2012 at 9:27AM

Fosterdog wrote: »

Does the letter give a breakdown of "fees"? If they are court fees they will be added to the fine but if they are bailiff fees then £85 is too much, there is a maximum they are allowed to charge you.

How are you getting that £85 is too much? Are you confusing bailiff action for a magistrate's court fine with bailiff action for council tax? Or is my info out of date?

http://www.bailiffadviceonline.co.uk/magistrates.htm might be useful, that's the site I use to check I'm up to date with what's what, and they support my feelings on the fees.

muckybutt · 14 July 2012 at 9:37AM

All you need to know about bailiffs http://www.bailiffadviceonline.co.uk/

I’m receiving benefits and can’t afford to pay my fine.
If you are receiving benefits, in particular, Income Support you can apply for nominal repayments to be deducted from your benefits. Previously deductions could be made at a rate of £2.80 per week, but the Department of Work & Pensions considered that this amount should be increased .The new rate of deduction is now £5.00 per week.

As deductions can also be made in respect of Council Tax, CSA arrears and gas/electricity arrears, the DWP have agreed that where there is insufficient benefit to deduct the £5.00 or, where there are already two deductions in place, the old standard rate of £2.80 per week should apply. When you first attended Court, and a fine was imposed, the court should have been made aware of your financial situation and arranged deductions on your behalf.

However, if your financial circumstances have changed since that time and you are now receiving the above benefits, you must contact the Fines Department immediately to inform them of your new circumstances so that arrangements can be made for the deductions to be made. This will ensure that bailiff action will cease. Under the Third Party Deduction Scheme there is an overall cap of £8.40 per week that can be deducted from your benefits.

If you are convicted in the Magistrates' Courts, you would receive a financial penalty which is payable to the Magistrates Court and if this remains unpaid, a Distress Warrant can be issued and passed by the courts to any one of the 4 bailiff companies under Contract by HMCS to enforce these warrants. The companies are Marston Group, Philips Collection Services , Swift Credit Services and Excel Enforcement Ltd.
Swift and Excel enforce Distress Warrant issued by Magistrates Courts in Wales.

Under these Contracts, HMCS have agreed with each company that they may charge the debtor an "admin fee" of approx £85 together with a one off "attendance fee" which has recently increased to £215.

Fosterdog · 14 July 2012 at 9:38AM

RobertoMoir wrote: »

How are you getting that £85 is too much? Are you confusing bailiff action for a magistrate's court fine with bailiff action for council tax? Or is my info out of date?

http://www.bailiffadviceonline.co.uk/magistrates.htm might be useful, that's the site I use to check I'm up to date with what's what, and they support my feelings on the fees.

Sorry my fault I was reading this thread and one about council tax and bailiffs at the same time and got them mixed up. Yes in this case £85 is the usual fee whereas in the council tax case I was thinking of bailiffs have a maximum they can charge for first and second visits etc.

Court fines and Bailiffs advice please

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