FYI: Court fines DVLA and other non-legislated bailiffs fees

[Guest Happy Contrails]

A friend's son was fined by local Magistrates last year but he did not pay.

 

Bailiffs attended his parent's house and levied on his motorbike which was subject to finance (another story).

 

The Bailiff left a note giving the total amount due, and the figures did not match those from the magistrate's court. I did a Subject access request for a breakdown of fees.

 

I telephoned our family solicitor for comment and he suggested the debtor pay the fine only. The debtor has no obligation, contractually or legislatively, to pay bailiffs fees with court fines, or with any un-legislated bailiff’s fees unless, a) a voluntary agreement with the debtor is made or, b) a court orders the debtor to pay a specified amount to the bailiff for his fee.

 

The court has a contract with the bailiff company but this is between the court and the bailiff company for which the debtor is not a named party. The court has made no order against the debtor to pay the bailiffs costs and there is no legislation on the statute book prescribing bailiff fees for collecting unpaid court fines.

 

Under Section 2 of the Unsolicited Goods and Services Act 1971 the bailiff’s fees were refunded along with my solicitor's consultation fee.

 

It is understood any unlegislated bailiff's fees are unenforceable, the bailiff must agree his costs with the debtor without making a false representation to him.

[Fair-Parking]

Well done Happy Contrails, that is probably the best explanation so far of why nobody should ever pay any bailiffs fees. Detailed, clear and instructive.

 

Each time any new poster queries bailiffs fees, this should automatically come up on screen.

[symphony63]

does this also apply to bailiffs fees for non payment of Council Tax?

[smee76]

It is understood any unlegislated bailiff's fees are unenforceable, the bailiff must agree his costs with the debtor without making a false representation to him.

 

Presumably this means that the first visit fees of £24.50, levy fees and wp fees ARE enforceable, but an 'enforcement fee' or 'attendance fee' for example they can go take a running jump for? I can totally understand this, but explaining it to a bailiff who is unplugging your computer because you are refusing to pay his fees is still going to be a problem in my opinion.

[Fair-Parking]

I doubt that any bailiffs fees are enforcible for the reasons given by Happy Contrails. Legislation allows for bailiffs to ask for fees on a set scale, but that falls way short of being able to enforce them by law.

 

I agree that once a bailiff is in your property it is difficult to correct his misinformed mind. That's why you should never let them in and never sign anything.

 

Bailiff firms have to resort to lying, bullying and intimidation, because that's all there is left for them as the law does not assist them in any way.

 

Expect nothing less from a bull(y) in a china shop.

[Guest Happy Contrails]

does this also apply to bailiffs fees for non payment of Council Tax?

 

I'm afraid not, CT bailiffs fees are prescribed in: Regulation 14(2) and Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992

 

You don't have to pay non-prescribed fees to a council tax bailiff. They usually have odd names e.g. 'van fee' and 'attending to remove fee' etc.

 

The above post only refers to bailiffs fees not prescribed in legislation or ordered by a court e.g. Court Fines, Child Support, TV licensing, DVLA etc. If in doubt, pay with a credit card and recover it under Section 75 via your bank.

[sutton6344]

That is usefull information, I take it the best way is to send a letter to the bailiff requesting a breakdown of their charges first.

[lisadp1970]

Very useful information.

We have just received a first letter from some bailiffs in regards to an unpaid maigstrates court fine.

They have wacked on £50 to the fine and they haven't even been out to our house yet!

 

We will pay the court directly when it all starts again after the Easter break and then write to inform the bailiffs they need not bother us anymore:D

 

Thanks

Lisa

[Guest Happy Contrails]

The court might pass the buck saying its in the hands of the bailiffs.

 

When you phone the court, make sure you hear the caveat: Calls May be Recorded or Monitored. Hangup, connect your phone to a recording device and redial. If the court refuses your offer of pay then you cannot be convicted of Contempt of Court.

[sutton6344]

I have asked bailliffs for a refund and they quoted that the warrant displayed.

 

“The Court has given authority to the above named applicant to issue this warrant to recover the sums shown. The Bailiff is also entitled to include his reasonable costs for executing this warrant. These are listed in the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993.”

 

Anyone any idea on what to do next???

[dx100uk]

I have asked bailliffs for a refund and they quoted that the warrant displayed.

 

“The Court has given authority to the above named applicant to issue this warrant to recover the sums shown. The Bailiff is also entitled to include his reasonable costs for executing this warrant. These are listed in the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993.”

 

Anyone any idea on what to do next???

 

start your own thread ...........

 

and post up what he is demanding.

 

dx

[dx100uk]

i think happy's info should be made a sticky......

 

dx

[tomtubby]

I have asked bailliffs for a refund and they quoted that the warrant displayed.

 

“The Court has given authority to the above named applicant to issue this warrant to recover the sums shown. The Bailiff is also entitled to include his reasonable costs for executing this warrant. These are listed in the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993.”

 

Anyone any idea on what to do next???

 

Please do start a seperate thread and advice what charge have been applied

[dawnwb]

So would this apply to bailiffs collecting because of a parking ticket?