TV Licence fine - Marston Group

[marta78]

Hello everyone,

I am in need of advice with regards to the next steps to take with Marston Group Bailiff.

Three weeks ago I had a letter hand delivered saying I owed £275 for a TV Licence fine plus £270 Bailiff costs.

I was out so bailiff didnt access the property. I rang the agent back and he gave me two days to get the money.

As I didn't have the money I sought the advice of the National Debt helpline and wrote to the Court about a repayment plan which they refused. Eventually I swallowed my pride and asked my father for the £275 for the fine which I immediately paid directly to the Court. After being told the bailiff fees still applied I then offered Marston a repayment plan for the fees. I just got an email from them saying that they can't accept a repayment plan and that my case was sent back to the Court and that I had to deal with them directly.

Now the fine is paid (checked with the court) and they are satisfied with it but they weren't sure about what to do with regards to the bailiff fees.

Will the court try to enforce the bailiff fees although the original fine has been paid? (I also found out that I overpaid the fine was £245 and not £275 as claimed by Marston so Court will send me a refund check...)

I hope this makes sense and if there is anyone out there who can give me any advice I would greatly appreciate it. Even National Debt helpline is not sure about the next step to take.

THANKS!!

[unclebulgaria67]

I think once the court fine has been paid, there is no law regarding settlement of bailiff fees. The bailiff was acting under a contract with the courts, but people are not subject to this contract. The bailiff can't sue you for their fees. Bailiff enforcement purely for their fees in these situation is arguable, as there is no law that enables them to do so.

 

I think in this situation, I would write to the bailiffs saying that now the court fine has been settled direct, you have been advised that there is no legal basis that requires any payment of fees to the bailiffs. Suggest that the bailiff contacts the court concerned to ask the courts for any fees they are due under their contract with the courts.

[Peterbard]

This is a very hot potato, but the consensus is that fees are legally chargeable. The court fine is governed by the bailiff company's contract with HM Courts, but the bailiff fees are covered by the Magistrates Court Act 1980.

 

If the bailiff company has passed the issue back to the court, this is a bizarre move, as the court will have no interest in the bailiff fees, nor indeed in enforcing them, as the fine has been discharged in full. Personally I would be cautious.

 

I would also be wanting a breakdown of the fees charged, so would send this to the bailiff company:

 

[YOUR ADDRESS]

[DATE]

 

 

To:

[Insert Name and Address of Bailiff Company]

 

Ref: Account No: 123456

 

Dear Sir,

 

With reference to the above account, I would be grateful if you could provide me with a breakdown of all charges incurred.

 

This includes, but is not necessarily limited to the following:

a the time and date of any bailiff action that incurred a fee or charge.

b the reason for the fee or charge.

c the name(s) of the bailiff(s) that attended on each occasion a fee was charged.

d the name(s) of the Court(s) at which the Bailiff(s) was/were Certificated.

e the date of certification.

f the initial balance, and any amount currently outstanding on the account

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully,

 

Sign

 

[PRINT NAME]

[marta78]

Thank you both for your advice. Yes I have a feeling it's going to be a tricky one as when I contacted the bailiff yesterday they said my case is no longer in their hands and to communicate directly with the court. However the court said I should still offer to pay the bailiff fees. I think the bailiff sent the case back to court just before I informed them that I had paid the fine in full to the court.

I will write the letter as suggested and take it from there. Thanks again.

[brassnecked]

If the bailiff sent the case back, then arguably he forfeited the fees

[Peterbard]

Can they forfeit their legitimate fees? (£270 is an odd amount though, hence me suggesting a breakdown request)

[ploddertom]

If they have returned the case back to the Court then there are no Bailiff fees to pay.

[Peterbard]

I'd still be inclined to get it in writing or via email / text - something written as solid evidence that it has been returned and the bailiffs have no further interest in it. Maybe just me being over-cautious.

[marta78]

Thanks again everyone for your suggestions. The bailiff did write me an email stating that the case is no longer in their hands and therefore all my dealings have to be with the Court. However I'll make sure to have it clarified that they are no longer expecting me to pay their fees. The National Debt Advice line also got back to me with further information this morning saying that if the case was sent back to Court the bailiff fees no longer apply. I truly hope that is the case

[ploddertom]

My interpretation is that the Bailiff no longer has a Warrant he can enforce on.

[brassnecked]

My interpretation is that the Bailiff no longer has a Warrant he can enforce on.

 

I would agree as by returning the case and therefore the warrant to the curt, he relinquished any rights to enforce it and therefore the fees also.

[tomtubby]

Under the contract with the courts, the bailiff company only have a specified period in which to attempt to enforce the warrant and I would suspect that the warrant had been returned by Marston Group at around the same time that you had made payment to the court. This was likely to be a coincidence.

 

Once a distress warrant is returned all bailiff fees are REMOVED.

 

There is a dreadful "myth" that "apparently" fees cannot be charged by bailiffs for enforcing distress warrants for unpaid court fines. This is incorrect advise and I will shortly be putting together information regarding this subject which can be used as a "Sticky".

[brassnecked]

If the Warrant had still been "Live" they yes the fees would have been payable. OP was lucky, very lucky.