Its been awhile, a recap I had a fine for speeding paid online £232 after the date, Had the bog standard letter from the court saying I owed fine still and they had paid fees.
I refused to pay, heard nothing for ages, now with this covid I needed to apply for Universals Credit and they have informed me that I owe a fine and are going to take money direct.
What is my next course of action if any?
fees
Re: fees
No action needed because it's a deduction from benefits, and if you are claiming out-of-work benefits, your may be exempt from bailiff enforcement.
Disputing the conviction or the fine must be made within 14 days of becoming aware of it.
Paragraph 9(2)(b) of Schedule 5 of the Courts Act 2003 only provides for the deduction from benefits for unpaid court fines. It doesn't apply to unpaid bailiffs fees or money owed to a private company.
If you have evidence of the fine amount, and evidence of the flow of money proving that you paid the fine on a specific date, then you can start a formal complaint stage 1 addressed to the fines officer and ask them to solve your complaint by not making a deduction from benefits because the fine has already been discharged.
You must attach to your complaint leter, the evidence of the fine amount and the date it was discharged.
You must state in your complaint letter that the rules on apportioning a fine between the court and a bailiff company applies to the proceeds of enforcement (sale of the debtors goods), regulation 13 of the Taking Control of Goods (Fees) Regulations 2014.
The rules on apportionment do not apply to money paid in discharge of a fine, because it is not proceeds of enforcement, nor do they provide for public money to be given to a private company to divvi-out their fees and return the balance back to the treasury.
Disputing the conviction or the fine must be made within 14 days of becoming aware of it.
Paragraph 9(2)(b) of Schedule 5 of the Courts Act 2003 only provides for the deduction from benefits for unpaid court fines. It doesn't apply to unpaid bailiffs fees or money owed to a private company.
If you have evidence of the fine amount, and evidence of the flow of money proving that you paid the fine on a specific date, then you can start a formal complaint stage 1 addressed to the fines officer and ask them to solve your complaint by not making a deduction from benefits because the fine has already been discharged.
You must attach to your complaint leter, the evidence of the fine amount and the date it was discharged.
You must state in your complaint letter that the rules on apportioning a fine between the court and a bailiff company applies to the proceeds of enforcement (sale of the debtors goods), regulation 13 of the Taking Control of Goods (Fees) Regulations 2014.
The rules on apportionment do not apply to money paid in discharge of a fine, because it is not proceeds of enforcement, nor do they provide for public money to be given to a private company to divvi-out their fees and return the balance back to the treasury.
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corinadeva
- Posts: 3
- Joined: 10 May 2018 10:55
Re: fees
zeke this was posted by me 28th October 2019
Zeke They confirmed payment of £292 this was the sum adjudged this is what I asked them to clarify The response is above. Further to the email sent to you on the 24/10/19 below and your response Could you please confirm that the sum adjudged was paid in full direct to the court on the 10th May 2108 …
They responded with this
Had a reply from the court via email I have tried calling you today to discuss the matter further but the number we hold doesn’t connect. I can confirm the sum of £292.00 was paid on 10.05.2018 however due to non-payment a warrant of control was issued on 12.01.2018. During the time the warrant is o...
This was the first response In response to your email below regarding the fees I have forwarded this matter onto Collectica so they can explain further. Regards to the balance of £171.76 this is outstanding and failure to make payment will result in further enforcement action being taken. Please con...
Zeke They confirmed payment of £292 this was the sum adjudged this is what I asked them to clarify The response is above. Further to the email sent to you on the 24/10/19 below and your response Could you please confirm that the sum adjudged was paid in full direct to the court on the 10th May 2108 …
They responded with this
Had a reply from the court via email I have tried calling you today to discuss the matter further but the number we hold doesn’t connect. I can confirm the sum of £292.00 was paid on 10.05.2018 however due to non-payment a warrant of control was issued on 12.01.2018. During the time the warrant is o...
This was the first response In response to your email below regarding the fees I have forwarded this matter onto Collectica so they can explain further. Regards to the balance of £171.76 this is outstanding and failure to make payment will result in further enforcement action being taken. Please con...
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corinadeva
- Posts: 3
- Joined: 10 May 2018 10:55
Re: fees
You see they have confirmed the sum adjudge was paid on the 10/5/2018 and it was my mistake its was £292 not £232 this is for fees
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corinadeva
- Posts: 3
- Joined: 10 May 2018 10:55
Re: fees
You see they have confirmed the sum adjudge was paid on the 10/5/2018 and it was my mistake In the first post it was £292 not £232 this £171 is for fees
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corinadeva
- Posts: 3
- Joined: 10 May 2018 10:55
Re: fees
Had these remember
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Re: fees
Collate the evidence of the flow of money proving the court fine has been discharged before complaining to the court
No need to reply to text messages.
You can report the text messages because they are exrtrajudicial to the enforcement procedures, and in any case, Court Service told you the number they hold for you is not current.
https://stopthebailiffs.uk/are-bailiffs ... sages.html
Collate the evidence of the flow of money proving the court fine has been discharged.
No need to reply to text messages.
You can report the text messages because they are exrtrajudicial to the enforcement procedures, and in any case, Court Service told you the number they hold for you is not current.
https://stopthebailiffs.uk/are-bailiffs ... sages.html
Collate the evidence of the flow of money proving the court fine has been discharged.
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corinadeva
- Posts: 3
- Joined: 10 May 2018 10:55
Re: fees
zeke I have done everything you advised in a previous thread, written to the court , emailed the court proved the fine was paid in full, they emailed me stating they had paid the bailiffs fees again I told them what you have advised, heard nothing since about October now this .
Re: fees
I have only brought detailed assessments after the bailiff has taken the money and after the fine was paid into court stopping the enforcement power.
I have never brought a detailed assessment without a bailiff taking money after the fine was paid into court.
If you can show the the following three items -these are called "Exhibits".
Then I am happy to provide you with the means to apply for a detailed assessment hearing and a stay of execution. You also get your costs paid.
A court fine is in the magistrates court, but court rules say the application is made in a county court or a high court, paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
I have always done them in the high court because judges are much more generous awarding costs and you get a better quality judge specialising in detailed assessments - a "costs judge".
A country-bumpkin local county court judge is as useful as a carrot when presiding over detailed assessment hearings.
County courts have tendencies to prejudice debtors and people with court fines. I also find they don't bother to read or follow skeleton arguments, which means time-consuming appeals to a circuit judge, so Ive learned to avoid county court whenever regulations make the high court available.
A detailed assessment hearing is under Civil Procedure rule 84.16.
You don't need to give notice to the bailiff company when you apply for a detailed assessment.
Make the application, and when you have the order, the N24, serve it on the bailiff company with your costs. Remember to include your bank details to enable the bailiff copmpany to pay you.
I find this is the only way to put a persistent bailiff to bed. I use it as a last resort short of bailiff getting into fights with debtors trying to make an "arrest".
I have never brought a detailed assessment without a bailiff taking money after the fine was paid into court.
If you can show the the following three items -these are called "Exhibits".
- The date of the flow of money paid into court before the bailiff threatened you with enforcement action
Evidence the date a bailiff threatened enforcement action, or to "arrest" you.
Court document with a date saying the money paid to court in discharge of a fine is given to a bailiff company
Then I am happy to provide you with the means to apply for a detailed assessment hearing and a stay of execution. You also get your costs paid.
A court fine is in the magistrates court, but court rules say the application is made in a county court or a high court, paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
I have always done them in the high court because judges are much more generous awarding costs and you get a better quality judge specialising in detailed assessments - a "costs judge".
A country-bumpkin local county court judge is as useful as a carrot when presiding over detailed assessment hearings.
County courts have tendencies to prejudice debtors and people with court fines. I also find they don't bother to read or follow skeleton arguments, which means time-consuming appeals to a circuit judge, so Ive learned to avoid county court whenever regulations make the high court available.
A detailed assessment hearing is under Civil Procedure rule 84.16.
You don't need to give notice to the bailiff company when you apply for a detailed assessment.
Make the application, and when you have the order, the N24, serve it on the bailiff company with your costs. Remember to include your bank details to enable the bailiff copmpany to pay you.
I find this is the only way to put a persistent bailiff to bed. I use it as a last resort short of bailiff getting into fights with debtors trying to make an "arrest".
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corinadeva
- Posts: 3
- Joined: 10 May 2018 10:55
Re: fees
Should I wait to see of they take money from my universal credit benefit before I apply for a detailed assessment hearing is under Civil Procedure rule 84.16.??