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jaycnich

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Everything posted by jaycnich

  1. You are wrong A warrant of control for the recover of unpaid magistrates;' courts fines is issued under section 76 of the Magistrates Courts Act 1980; which states; Subject to the following provisions of this Part of this Act, and to section 132 below where default is made in paying a sum adjudged to be paid by a conviction or order of a magistrates’ court, the court may issue a warrant of distress for the purpose of levying the sum or issue a warrant committing the defaulter to prison. The warrant only confers an enforcement power to recover the sum adjudged. Bailiffs cannot enforce unpaid fees because they are not the sum adjudged.
  2. So marstons are now allowed to change the magistrates original fine ruling? i appreciate the comments so far but does this sound like a fair society. He did not go to court for the added fees so surely the enforcement fees are cannot be enforced without another court ruling
  3. Does this mean they can enforce this using the court? i mean the fine has been paid so the courts influence is now defunct?
  4. Just had a visit from Marston’s enforcement officers trying to collect an unpaid magistrate’s debt that my son accrued whilst drunk, first of all I paid all of this fine in instalments but was late for the final £30, 3 days later my son received a letter from Marston’s saying he now owed £105 and this was a letter of enforcement £30 for the unpaid fine (which had been settled) and £75 for the letter, just for the cheek of it i filled it for him in the bin and forgot about it (6 weeks ago). When they arrived I answered the door with my son and they said he now owed £310, I showed them the proof of all the payment’s and they said that did not matter as the fees are now enforcement fees, £75 for the letter and £235 for them attending. I said to them that they must of known it had been paid before attending and they charged this fee for the letter, I then went into detail telling them that they added the fees knowing full well it had been paid and they are trying to bully him. They said they would be back with a locksmith or payment!!! Can I also add at this stage that no 7 day letter of notice to attend was received either, the bloody cheek, trying to enforce payment for their own fee knowing full well before attending that the fine had been paid. Yeah my son was drunk and disorderly hes only 18 and has learnt his lesson but why has society allowed the [removed] antics described above and what can i do? thanks
  5. Hi, my mother had a CCJ awarded against her (2 years ago) for an x-partners debt taken out in her name, she had a a suitcase full of proof in her favor that it wasn't hers to pay yet the judge took the side of the debt agency and issued the judgement. She has refused to pay and after several threatening letters over the past 2 years, a change of tactics letter was sent in the form of a "Third Part Debt Order". I have informed her to what that is but am curious? Are they allowed to freeze a UK ISA? or is is only the bank account (assuming the judge awards this). Thank you
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