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I paid a fine after the first steps notice as I was only back in work then (March). I had received a bailiff letter saying in February saying if the fine wasn't paid in 7 days they would pay me a visit and charge more fees, when I paid the fine they still hadn't attended. The bailiff finally arrived on my doorstep 6 weeks later claiming I hadn't paid the fine but since I had proof he then changed this to his fees claiming I owe £320, he then paid me a further visit last week leaving paperwork in my letterbox (I didn't take the paper from him) stating he would be back in 6 days to take the vehicle and sell it at auction. Is the warrant of execution valid since I paid the fine a couple of months ago, what are my rights?

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What bailiff company is this? It might be that you paid after the time stipulated on the Further Steps notice, or you paid by card and the payment was not clear by the due date. I would contact the court and ask them what is going on, say you paid after the FSN, but still you have a bailiff why?

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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It would seem that you had paid the debt AFTER the expiry of the time period outlined in the Further Steps Notice (10 days).

 

The regulations provide that if that time period expires and payment had not been made to the COURT then a Distress Warrant would be issued and passed to an enforcement company to enforce. Sadly, the administration fee of £85 (before 6th April) takes effect when the enforcement company receive instructions and NOT when the letter is actually sent or visit made).

 

By not paying the administration fee of £85 the enforcement company have now charged you an 'attendance visit' and the fee is indeed payable.

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It is of serious concern that two websites are continuing to mislead debtors into believing that the Taking Control of Goods Regulations 2013 do not provide for debtors to be charged a fee when enforcing an unpaid magistrate court fine. In other words...they wrongly consider that the government provide a free collection service to debtors with unpaid court fines !!!

 

The new regulations took effect on 6th April and it was with utter disbelief that on April Fool Day (just 6 days before the new regulations took effect) both websites finally advised viewers that the new regulations did after all include for enforcement of unpaid council tax and unpaid PCN's (a fact known since 2007 when the Tribunals Courts & Enforcement Act was enacted).

 

For the avoidance of doubt, the new regulations (and fees) apply to the enforcement of unpaid council tax, unpaid PCN's and of course......unpaid court fines).

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