Section 92(8) of the Courts Act 2003...does NOT mean that bailiffs can only recover their fees by taking civil action?

[tomtubby]

Misinformation, disinformation and a contempt for the truth on various websites is seriously harming debtors (many of whom are vulnerable) and this has been categorically proved today when a debtor was arrested and charged under section 68(1) of Schedule 12 of the Tribunal Courts and Enforcement Act 2007 with 'intentionally obstructing a bailiff lawfully acting as an enforcement officer'. I will write about this matter under separate cover but once again, this debtor was given the following incorrect 'advice' on the website:

 

 

• 'Nothing in the regulation enables bailiffs to levy distress for their unpaid fee. They have to seek a civil order under Section 92(8) of the Courts Act 2003 before they can enforce payment of their fees'
  

The same websites also make the following statement:

 

 

• 'If a bailiff wants to recover his fees incurred up to and including the point at which the debt was paid direct to the council, he must take a new civil action against you under Section 92(8) of the Courts Act 2003'
  

The above statements give the (wrong) impression that if a debtor makes payment direct to either the local authority (in cases where a Liability Order has been issued) or to a Magistrates Court (in relation to an unpaid court fine) that the bailiff company may only recover their fees by taking the debtor to court !!

 

The truth of the matter is that section 92 of the Courts Act has nothing whatsoever to do with bailiff fees and instead, relates to court fees payable when either a solicitor, local authority or member of the public files any document or commences any process in either the Supreme Court, County Court or Magistrate Court !!!

 

Examples below:

[tomtubby]

Section 92 of the Courts Act 2003

Section 92 of the Courts Act 2003 allows the Lord Chancellor to prescribe the court fees payable in the Supreme Court, County Court and Magistrate Court and allows him to also provide for exemptions, reductions or even 'remission' of court fees.

 

The actual word 'fees' is in relation to the court FEES that are payable by solicitors or the public when they file any document or commence any court process. For example the new court FEES that came into effect on 22nd April 2014 include the following:

 

 

• The fee for issuing a claim using Money Claim OnLine (ie for claims under £300 is £35)
  
• The fee for permission to apply for Judicial Review is £140
  
• The fee for filing an N244 application is £155
  
• The fee for an application for a Charging Order in the County Court is £100.
  
• The fee to register a debt with the Traffic Enforcement Centre is £7
  

The link below is to the Civil Proceedings Fees (Amendment) Order 2014 which came into force on 22nd April 2014. This opening paragraph to this new statutory instrument states as follows:

 

'The Lord Chancellor with the consent and sanction of the Treasury, makes the following Order in exercise of the powers conferred by Section 92 of the Courts Act 2003'

 

 

http://www.legislation.gov.uk/uksi/2014/874/pdfs/uksi_20140874_en.pdf

 

PS: In cases of default in payment of the court fee the amount can be recovered by the COURT as a civil debt (evidence below)

[tomtubby]

As outlined above, if a debtor (or even a solicitor) defaults on paying of the court fees then the COURT can take civil action to recover the court fee. This is provided under section 92.8 of the Courts Act 2003.

 

A full list of the current court fee can be read below. This link is to a copy of the Ministry of Justice Form EX50 entitled: Civil and Family Court Fees and is dated August 4th 2014.

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf

 

On page 2 under the heading of refunds it states the following:

 

• 'Under no circumstances should you cancel a cheque or card payment to HM Courts & Tribunal Service. Cancellation of a cheque or payment could result in HM Courts & Tribunal pursuing the fee from you as a civil debt'
  

For the avoidance of doubt section 92.8 of the Courts Act has nothing at all to do with bailiff fees.

[tomtubby]

As mentioned above, a debtor has been arrested and charged under section 68(1) of Schedule 12 of the Tribunals Courts & Enforcement Act 2007. He is due in court in early October. The reason for his arrest are outlined in a new thread that I started this morning (link below).

 

Once again this case has highlighted the dangers of believing what is written on websites.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433030-Debtor-charged-under-section-68(1)-of-TCEA-2007-with-quot-intentionally-obstructing-a-bailiff-quot-.(20-Viewing)-nbsp