magistrates fine and paying court direct

[madmatt1009]

evening all,

 

I apologise if this has been covered before.

 

Someone I know has had a bailiff chasing him for a magistrates fine, the bailiff hasn't levied or been into the house.

 

If he pays the fine directly to the court (i.e online) will this cancel the warrant and hence the bailiffs authority to seize goods (i.e his fees then become small claims territory?)

 

Many thanks

 

Matt

[ploddertom]

evening all,

 

I apologise if this has been covered before.

 

Someone I know has had a bailiff chasing him for a magistrates fine, the bailiff hasn't levied or been into the house.

 

If he pays the fine directly to the court (i.e online) will this cancel the warrant and hence the bailiffs authority to seize goods (i.e his fees then become small claims territory?)

 

Recent posts by others who have been in a similar situation suggest that the Court returns any payments made by cheque.

 

Many thanks

 

Matt

 

PT

[madmatt1009]

sorry Ploddertom, maybe I'm being thick here, but did you mean that if you pay by cheque they will return it, I'm going to pay online.

 

Many thanks

 

Madmatt

[RaeUK]

Hi madmatt, yes I suspect that is what he meant. And I conclude that he suggests online payment may be more successful although I cannot guarantee that!

One observation I note is that in your OP it is someone you know who has a problem, in your last post it is you who is going to pay online. Freudian slip?

I'd be interested to know if there where any other personal circumstances that may be of interest? Such as benefits, disability, illness etc.

Either way, good luck and best wishes.

Rae.

Edited February 25, 2010 by RaeUK
type o

[ploddertom]

sorry Ploddertom, maybe I'm being thick here, but did you mean that if you pay by cheque they will return it, I'm going to pay online.

 

Many thanks

 

Madmatt

 

I meant any way you pay.

 

PT

[madmatt1009]

Good evening everyone,

 

Been a while since I posted on here, anyway;

 

My ex-wife has managed to get herself a speeding fine that was sent to a previous address.

 

The Bailiff, from Marstons Holdings has been handwriting the usual drivel about coming with a locksmith on the phone until I got involved,

 

She has been to the police about the threats, the bailiff has admitted that they do not hold an order to force entry and now seems to have backed off a bit.

 

My question's are;

 

a) The only bailiff I can find whose name remotely resembles the name on the paperwork is different (i.e abbreviated)......is this an item of interest

 

b) The name that appears on the register is listed as working for M^&%tons group and she claims to work for M*&stons holdings, again is this of interest

 

c) She has been discussing the case with my ex-sister in-law and my son, is this a potential breach of the DPA?

 

 

Many thanks in advance for your valued opinions

 

Madmatt

[Bazooka Boo]

Has she paid the speeding fine?

[madmatt1009]

No she hasn't she's lodging a Stat Dec at the magistrates court

[GrumpyToSayTheLeast]

If the Enforcement Agent holds a magistrates warrant, no further "warrant" to force entry is needed as the power to force entry is contained within the warrant he already holds.

 

No, the name thing is not an issue. Many people are registered for an EA certificate using full names and often enforce using a more commonly used name. But it is worth checking it is actually him and that he does hold a certificate.

 

Regarding the DPA, the EA can state who he is, the company he works for, what he is there to enforce, how he is going to enforce it and ways to stop enforcement. He shouldn't be giving balances out to 3rd parties though without the debtors permission.

 

Marston holdings and Marston's group are one and the same.

 

And if this is indeed a hmcts fine for speeding, then the bit about a locksmith.....isn't drivel.

[GrumpyToSayTheLeast]

Only if the court take note of the stat Dec will it have any effect, the EA wont be interested if the court doesn't tell him to stop.

[madmatt1009]

Thank you for your replies, with regard to the name issue they have modified/changed their surname....with regard to the DPA, the bailiff and the office dicussed full details with third parties...

 

Marstons have now admitted they have not got a paragraph 15 (Force entry) warrant

[Bailiff Advice]

 

Marstons have now admitted they have not got a paragraph 15 (Force entry) warrant

 

I am sorry but what is a Paragraph 15 Forced Entry warrant !!

 

With an unpaid court fine, there is NO provision for a separate warrant to 'force entry'. The reason for this being that the warrant of control itself permits the right to Force Entry.

 

I will repeat one more time.....if the debt being enforced in an unpaid magistrate court fine, then the is no requirement for a separate 'forced entry' warrant.

[GrumpyToSayTheLeast]

Thank you for your replies, with regard to the name issue they have modified/changed their surname....with regard to the DPA, the bailiff and the office dicussed full details with third parties...

 

Marstons have now admitted they have not got a paragraph 15 (Force entry) warrant

 

Who was the third party and what is their connection to the case?

 

Yes, they will fully admit they don't have a paragraph 15 "order" as they don't need one. Just forget about needing a separate warrant, you will just waste your time.