Hello lovely people

Let me quickly explain what is my situation like.

About a year ago I got fined for littering (75 quids),

that fine has risen to the stage of notice of enforcement when I have started to dealing with it.

After contacting either collectica and marston (by sending my budget and calling them),a payment plan was refused.

Couple of days ago I found final notice saying i need to contact the bailiff on number provided,

I did so but just to be told that full payment need to be made today to avoid further charges and visits.

When i was at work yesterday bailiffs paid me a visit,

leaving a little card "notice of intention to search my premises".

At this stage Im clueless what else can be done to stop them,

I cant afford to pay this fine (at final notice stage it was 856).

Tried to seek help on the phone

the best advice i got was to face my bailiff and try to have a chat with him

then I have read many threads advising against it.

One more thing is that property i live in is not mine,

I was a student (recently expelled...) and i live in one of the rooms paying landlord some money to cover the bills.

There is no rent agreement whatsoever,

I dont have anything valuable but other people living here may have and Im concerned about bailiffs taking their stuff as I do not think that they still got receipts for their stuff....

Thanks for all help in advance.

Hello lovely people

 

Let me quickly explain what is my situation like.

 

About a year ago I got fined for littering (75 quids), that fine has risen to the stage of notice of enforcment when I have started to dealing with it.

 

After contacting either collectica and marston (by sending my budget and calling them), payment plan was refused.

 

Couple of days ago I found final notice saying i need to contact the bailiff on number provided, I did so but just to be told that full payment need to be made today to avoid further charges and visits.

 

When i was at work yesterday bailiffs paid me a visit, leaving a little card "notice of intention to search my premises".

.

I am wondering how a court fine of £75 has escalated to £856 (the bailiff fees would be calculated at £310).

Did you receive the initial summons?

If so, did you plead guilty or not guilty?

You should have received a further two notices from the court....a Notice of Fine/Collection Order and a final notice called a Further Steps Notice. Did you receive these notices?

 

After contacting either collectica and marston (by sending my budget and calling them), payment plan was refused.

When did you contact Collectica to make a payment proposal?

Was this at the Notice of Enforcement stage or after a visit had taken place?

How much was the debt at that stage?

What payment proposal did you make?

Well The only letter i received after notice of enforcement is the final notice few day ago

I did not plead guilty, can you please tell me something about it?

I havent received any of these letters ( Notice of Fine/Collection Order and a final notice called a Further Steps Notice)

I have contacted Collectica at the beginning of January at notice of enforcement stage but to be told that deadline to contact them was two days ago?

The debt at the final notice stage was 856 but now as i got next piece of paper called "notice of intention to search..." so I assume it has risen but it is not stated on this card i got.

Debt at the stage of notice of enforcement was 621

When was the offence?

Around May 2016

Actually when I looked up online for the letters such as Further Step Notice, I think i may had this one months ago....

Guys is there anything i can do?

I seem to be running out of options....

Well yes, that will happen when you ignore fines.

If it is not to rude, can i ask how old you are?

Perhas I should explain , but there is a significance to the age of 18 in regard to the MCA and sentencing.(you indicate you had been recently expelled.) But we all know this.

Im 19... i live on my own since im 17 got no one who could help...

should i let bailiff in and try to beg him not to take anything what is not mine as house i live in is not mine,

nothing what is there is not mine except my clothes etc

If you cannot pay a fine the options are for the bailiff to apply to the court for further action to be taken, this would be facilitated by a means test.

Since this is a fine, committal is a possibility, the test is in regard to ability to pay and if you were guilty of culpable neglect in not doing so.

I would contact the CAB, they have specialist advisers in criminal matters.

I suspect they will say your need to contact the court and explain your situation.

Ask for the enforcement to be suspended and inform them of what you have said here.

Since you are employed.

i see no reason why the fines officer should not agree to an attachment of earnings.

Well yes, that will happen when you ignore fines.

 

If it is not to rude, can i ask how old you are?

Im 19

The legislation is the here http://www.legislation.gov.uk/ukpga/1990/43/contents Part 3

As regard none payment of fines, it is the magistrates court act 1980

Around May 2016

 

Actually when I looked up online for the letters such as Further Step Notice, I think i may had this one months ago....

 

Guys is there anything i can do?

It is such a shame that you had not paid more attention to the Further Steps Notice but we are where we are. I would ordinarily given some thought to advising you to consider a Section 14 Statutory Declaration but this route is probably not open to you as you seem to have received the Further Steps Notice 'months ago' ( A Section 14 Stat Dec may only be made within 21 days of a period becoming aware of the conviction.

As you appear to have very little in the way of assets, it may be the case that the enforcement agent may realise that the warrant is most unlikely to be paid in full and he will recommend it's return to the court. If that is the case, then the bailiff fees (of £310) will be removed and it is at this stage that you could apply to the court for a 'Means hearing'.

Indeed however, if the bailiff returns the warrant with a sum remaining the court may commence committal proceedings in any case, in which case the mans test will be a prerequisite. (this has nothing to do with any application to the bailiff of course).

If this happens fees will remain and be recoverable under committal rules.

It also appears to me that the search mentioned will be under section 80 of the MCA which also covers arrest.

I think it has t be remembered that coiurt bailiffs can do much more than just use schedule 12

Thank for all your help, it makes me fell really better that there is someone willing to help...

I reckon that means test could be an option.

This is the first time Im facing such a complicated problem, could you please let me know how can i apply to be "means tested"?

On the other hand,

Could you advise me if it is a good idea to talk to bailiff when he knocks on my door?

Or is it better just not to contact him in any way?

Thank You

Thank for all your help, it makes me fell really better that there is someone willing to help...

 

I reckon that means test could be an option.

 

This is the first time Im facing such a complicated problem, could you please let me know how can i apply to be "means tested"?

 

On the other hand,

 

Could you advise me if it is a good idea to talk to bailiff when he knocks on my door?

 

Or is it better just not to contact him in any way?

 

Thank You

You would need to contact the Magistrates court and request a hearing about your means. The court can set the repayments. Neither Marstons or the Council who applied the penalty notice would be interested in setting up longer term repayment.

Get the Magistrates court appointment set up and advise Marstons of this.

I would just tell the bailiff what you have said here, say that you are contacting the court and are happy to be means tested by them, since the bailiff will not entertain your previous offer

 

I reckon that means test could be an option.

 

This is the first time Im facing such a complicated problem, could you please let me know how can i apply to be "means tested"?

 

Thank You

Whilst a warrant is with an enforcement company, it is not at all easy to persuade a court to re-examine your 'means'. I am being brutally honest as I come across queries such as yours on an all too frequent basis.

If it is the case that the court had the correct address for you (which is likely to be the case given that you had received the FSN), then the time when 'means testing' would apply would be at the stage when a summons had been issued.

When a summons or Single Justice Procedure notice is sent by the court, there will also be an additional form MC100 Means Enquiry Form (MC100) (Statement of Means) attached.

If for one reason or another you decide not to complete the MC100 form, then the Fines Officer is allowed by law to assume that your income of £440 per week. Whilst there is provision in law to allow the court to review the level of fine imposed, it is sadly the case that once a warrant of control has been issued, such applications are very difficult indeed to get accepted by the Magistrates Court.

PS: Although it is difficult to persuade a court to allow a 'means hearing', that is not to say that you should not at least call the court to discuss the options.

Thank for all your help, it makes me fell really better that there is someone willing to help...

 

I reckon that means test could be an option.

 

This is the first time Im facing such a complicated problem, could you please let me know how can i apply to be "means tested"?

 

On the other hand,

 

Could you advise me if it is a good idea to talk to bailiff when he knocks on my door?

 

Or is it better just not to contact him in any way?

 

Thank You

I think the bailiff has no option but to return the warrant, and as i said earlier any other subsequent action would have to be facilitated by a means test. It seems to me that you were not given the chance to complete the form mentioned because you did not receive the initial summons, so they should really permit in any case.