Hi
Hope someone can advise.
I had a payment plan set up with Marstons for 39 per month for a speed camera fine.(154 outstanding)
My next payment wasdue on the 2nd of November and I hold my hands up that I forgot all about it...we are currently isolating due to me having covid symptoms and feeling quite ill,this last week or so.I have a vunerable child with liver disease who ended up back in hospital for a few days also a week or so ago.
Long story short an enforcement officer turned up today,phoned me from her car.
Said I now owed 389..they have added 235 pounds to a 154 pound debt....yes i should of paid on time but being ill and worrying about my son I have simply forgot last thing on my mind to be honest.
I just feel this is such a horrible heavy handed approach....she took photos of the car on my drive (my husbands) and drove off...i phoned her later to explain my circumstances but she wanted full amount and reminded me I could be arrested (I know that's scare tactics)
I have opened a complaint with Marstons and account on hold for 14 days but only cause I have "covid" symptoms.
I did not receive any notice of the visit.
Can I challenge anything regarding this...the 235 was not necessary and a quick reminder and I would have paid...
Thanks
Marstons
Re: Marstons
If you were not given a statutory notice of enforcement before attending, then the bailiff cannot charge any fees at all.
Giving a statutory notice to the debtor is prescribed in paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 (TCEA 2007).
That is a critical component of the Schedule 12 provisions, and the bailiffs must use this schedule of enforcement provisions before being allowed to recover fees and charges.
Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states:
These Regulations apply when an enforcement agent uses the Schedule 12 procedure.
Going forward, I would get the balance paid off to court and get a receipt.
When the amount outstanding has been paid, without the bailiff taking control of any goods, the enforcement power ceases to be exercisable. Regulation 6(3) of Schedule 12 of the TCEA 2007 states: (highlighted)
(3)The property in all goods ceases to be bound when any of these happens—
(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;
(b)the instrument under which the power is exercisable ceases to have effect;
(c)the power ceases to be exercisable for any other reason.
There is one catch, paragraph 59 of Schedule 12 of the TCEA 2007, which states: (highlighted)
This paragraph applies if a further step is taken despite paragraph 58(3).
(2)The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.
(3)Sub-paragraph (2) applies to a related party as to the enforcement agent.
(4)If the step taken is sale of any of the goods the purchaser acquires good title unless, at the time of sale, he or the enforcement agent had notice that the amount outstanding had been paid in full.
(5)A person has notice that the amount outstanding has been paid in full if he would have found it out if he had made reasonable enquiries.
You must ensure the bailiff has been given notice that the amount outstanding has been paid, so he knows the enforcement power has ceased to be exercisable.
The Amount Outstanding is the debt being owed together with disbursements in connection with taking control of the debtors goods.
In this case, the bailiff has not take control of any goods, therefore, the bailiff cannot show the flow of money proving that he has been disbursed is costs for taking control of goods - or enforcement
Paragraph 50(3) of Schedule 12 of the TCEA 2007 gives this definition of Amount Outstanding as:
(3)The amount outstanding is the sum of these—
(a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);
(b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).
Paragraph 62 provides for the bailiffs to reimburse himself for the expenses paid out of proceeds of the enforcement, or money taken in exercise of the power.
The bailiff might try to interpret the words - money taken in exercise of the power to be mean money paid into court after the issue of the warrant of control, but this argument recently failed in a detailed assessment hearing under CPR 84.16.
Get the amount outstanding paid into court, get a receipt and give the bailiff notice.
Then you can park the matter.
Giving a statutory notice to the debtor is prescribed in paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 (TCEA 2007).
That is a critical component of the Schedule 12 provisions, and the bailiffs must use this schedule of enforcement provisions before being allowed to recover fees and charges.
Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states:
These Regulations apply when an enforcement agent uses the Schedule 12 procedure.
Going forward, I would get the balance paid off to court and get a receipt.
When the amount outstanding has been paid, without the bailiff taking control of any goods, the enforcement power ceases to be exercisable. Regulation 6(3) of Schedule 12 of the TCEA 2007 states: (highlighted)
(3)The property in all goods ceases to be bound when any of these happens—
(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;
(b)the instrument under which the power is exercisable ceases to have effect;
(c)the power ceases to be exercisable for any other reason.
There is one catch, paragraph 59 of Schedule 12 of the TCEA 2007, which states: (highlighted)
This paragraph applies if a further step is taken despite paragraph 58(3).
(2)The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.
(3)Sub-paragraph (2) applies to a related party as to the enforcement agent.
(4)If the step taken is sale of any of the goods the purchaser acquires good title unless, at the time of sale, he or the enforcement agent had notice that the amount outstanding had been paid in full.
(5)A person has notice that the amount outstanding has been paid in full if he would have found it out if he had made reasonable enquiries.
You must ensure the bailiff has been given notice that the amount outstanding has been paid, so he knows the enforcement power has ceased to be exercisable.
The Amount Outstanding is the debt being owed together with disbursements in connection with taking control of the debtors goods.
In this case, the bailiff has not take control of any goods, therefore, the bailiff cannot show the flow of money proving that he has been disbursed is costs for taking control of goods - or enforcement
Paragraph 50(3) of Schedule 12 of the TCEA 2007 gives this definition of Amount Outstanding as:
(3)The amount outstanding is the sum of these—
(a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);
(b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).
Paragraph 62 provides for the bailiffs to reimburse himself for the expenses paid out of proceeds of the enforcement, or money taken in exercise of the power.
The bailiff might try to interpret the words - money taken in exercise of the power to be mean money paid into court after the issue of the warrant of control, but this argument recently failed in a detailed assessment hearing under CPR 84.16.
Get the amount outstanding paid into court, get a receipt and give the bailiff notice.
Then you can park the matter.