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Can someone clarify what fees are included in a Magistrate warrant ?

 

I have read that the fees mentioned on a Magistrates warrant relate to court fees only and not any baliff fees. This then causes a problem for bailiffs when the person fined pays the fine plus court fee directly to the court and the court does not pass on the payment to bailiffs.

 

The bailiff is then stuck with a warrant that does not cover collection of their fees, for which they have a contract with HMCS for. The bailiff company then issues their own document which purports to be an official document associated with the court action. They then try to use their own document to enforce collection of their fees, sometimes not showing the person fined, the original court warrant and they don't explain what fees the original court warrant covers.

 

Is the bailiff company unwittingly committing an offence under Section 40 of the Adminstration of Justice Act 1970, by issuing their own document to collect their fees in a situation described above ? Personally I think that they may be and it is up to the Dept. of Justice to take relevant action to fix this issue. HMCS and the Police won't do anything, because they are part of the enforcement system, to a certain extent working with bailiff companies.


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This thread http://www.consumeractiongroup.co.uk/forum/showthread.php?415887-Magistrate-Court-FINES-and-Bailiff-fees. answers most of the questions I had.

 

The law does appear to be on the bailiffs side to collect their fees using the Magistrates warrant, provided that the warrant is still 'live' and has not been handed back to Magistrates or cancelled by them. This is even the case if the amount shown on the warrant for the fine and court fees had already been paid to the Magistrates court, before the bailiffs first visit.

 

For any bailiff to use the Magistrates warrant to collect their fees, they must show this to the person they are seeking to pay the costs of enforcement, which is the £85 letter fee and the £215 attendance fee. Bailiff companies are not allowed to use their own company document, pretending that it is an official document, in the absence of the warrant. To do so risks the bailiff committing various criminal offences, as the warrant is required to carry out any enforcement, included forced entry if necessary to obtain goods to cover the amount required.

 

I believe this to be a correct summary of the situation and invite any corrections.


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