Section 75A Magistrates Court Act 1980

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Tuco
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#1 Section 75A Magistrates Court Act 1980

Post by Tuco » 07 Oct 2016 08:05


Why was section 75A introduced into the Magistrates Courts Act 1980?

In England and Wales the Lord Chancellor by virtue of section 36 of the Courts Act 2003 (“the 2003 Act”) may appoint fines officers for the purpose of managing the collection and enforcement of court fines. Fines officers play a crucial role in the operation of the fine collection scheme detailed in Schedule 5 to the 2003 Act. For example, the role of a fines officer includes chasing payment via texts or letters, and issuing notification to the Department for Work and Pensions for benefit deductions in the event of non-payment of a court fine in certain cases.

In 2008 HMCTS launched the Criminal Compliance and Enforcement Blueprint. The fundamental principle of this strategy was to ensure criminal financial penalties imposed by the court were complied with earlier and reduce the use of costly enforcement actions such as issuing a warrant of distress. The costs of collection incurred by HMCTS while attempting the recovery of financial penalties are currently funded via the public purse.

To support the implementation of the above strategy and increase the incentive for early compliance, section 26 of the Act will enable the imposition and recovery of a charge imposed on offenders for the costs of collecting or pursuing financial penalties and clarifies the role of the fines officer.


Is section 75A currently in use.
Sections and parts of acts do not suddenly become "in use" when someone decides to start using them. A section or part becomes applicable from the day the part or section comes into force. In this case, it means that bailiff fees cannot be added to the sum adjudged. Section 76 of the act states that a warrant may be issued for the sum adjudged. The two sections together (which are both in force) mean that it is wrong to add any potential bailiff fees to the sum adjudged. Anyone who adds bailiff fees onto a warrant will not be adhering to legislation


Does Section 75A (6) mean that bailiffs cannot charge enforcement agent fees?
No and I don't think anyone has claimed otherwise. Section 75A(6) means that bailiff fees may not be added to the sum adjudged.

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Schedule 12
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#2 Re: Section 75A Magistrates Court Act 1980

Post by Schedule 12 » 07 Oct 2016 09:10

Bailiff companies try to get round this by saying the fees is costs of enforcement.

Costs of enforcement are the expenses paid in connection with taking and selling the debtors goods to pay the debt.

Fees are those prescribed in the Taking Control of Goods (Fees) Regulations 2014.

Where the sum recovered from the proceeds of sale is less than the debt owed, that sum is apportioned under Paragraph 50(3) of schedule 12.

Court service, using the RETMAR letter is intended to mislead the recipient, the payment of fines into court may be apportioned under a pretense the money is proceeds from the sale of goods. Or, as Paul Caddy says, money paid under the compulsion of a threat of an enforcement action.
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Tuco
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#3 Re: Section 75A Magistrates Court Act 1980

Post by Tuco » 07 Oct 2016 10:04

One individual on a social media site recently stated the following:
The truth of the matter is that the warrant of control does NOT make reference to the sum adjudged at all !!! Instead, the warrant refers to 'money owed' and states the following:

You may take goods belonging to the defendant to the value of the money owed and any amounts in respect of costs of enforcement related services which are recoverable in accordance with regulations under paragraph 62 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

Today, that same individual has stated something completely different:
The right to charge enforcement agent fees is provided under entirely different legislation outlined under Schedule 13 of the Tribunal, Courts and Enforcement Act 2007.

So it appears that the right to charge fees was not because someone had said so on a warrant but was in fact because of something in Schedule 13.

The plot thickens. :lol:

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#4 Re: Section 75A Magistrates Court Act 1980

Post by Schedule 12 » 07 Oct 2016 10:09

what social media site is this?
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Tuco
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#5 Re: Section 75A Magistrates Court Act 1980

Post by Tuco » 07 Oct 2016 10:45

It is CAG

The point regarding 75A was raised on here last Sunday. Harding waited until yesterday to respond. The reason for this is because she has not got a clue. She will have sent an request out to one of her bailiff friends for advice and will have received the reply yesterday. Hence the sudden avalanche of posts over there in the past 24 hours.

Neither her nor her chimp seemed able to know how to respond, prior to yesterday.

stopbailiff
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#6 Re: Section 75A Magistrates Court Act 1980

Post by stopbailiff » 07 Oct 2016 12:30

Tuco wrote:
Why was section 75A introduced into the Magistrates Courts Act 1980?

In England and Wales the Lord Chancellor by virtue of section 36 of the Courts Act 2003 (“the 2003 Act”) may appoint fines officers for the purpose of managing the collection and enforcement of court fines. Fines officers play a crucial role in the operation of the fine collection scheme detailed in Schedule 5 to the 2003 Act. For example, the role of a fines officer includes chasing payment via texts or letters, and issuing notification to the Department for Work and Pensions for benefit deductions in the event of non-payment of a court fine in certain cases.

In 2008 HMCTS launched the Criminal Compliance and Enforcement Blueprint. The fundamental principle of this strategy was to ensure criminal financial penalties imposed by the court were complied with earlier and reduce the use of costly enforcement actions such as issuing a warrant of distress. The costs of collection incurred by HMCTS while attempting the recovery of financial penalties are currently funded via the public purse.

To support the implementation of the above strategy and increase the incentive for early compliance, section 26 of the Act will enable the imposition and recovery of a charge imposed on offenders for the costs of collecting or pursuing financial penalties and clarifies the role of the fines officer.


Is section 75A currently in use.
Sections and parts of acts do not suddenly become "in use" when someone decides to start using them. A section or part becomes applicable from the day the part or section comes into force. In this case, it means that bailiff fees cannot be added to the sum adjudged. Section 76 of the act states that a warrant may be issued for the sum adjudged. The two sections together (which are both in force) mean that it is wrong to add any potential bailiff fees to the sum adjudged. Anyone who adds bailiff fees onto a warrant will not be adhering to legislation


Does Section 75A (6) mean that bailiffs cannot charge enforcement agent fees?
No and I don't think anyone has claimed otherwise. Section 75A(6) means that bailiff fees may not be added to the sum adjudged.
Section 75A is not yet in force, it is enacted pursuant to section 26 (1), Crime and Courts Act 2013. No date is available.

Section 26, CCA 2013:

"26 Payment of fines and other sums


(1) In the Magistrates' Courts Act 1980 after section 75 insert—



“75A Costs of collecting sums adjudged to be paid by a conviction


(1) Where a sum is adjudged to be paid by a conviction, the person liable to pay the sum is also liable to pay amounts in respect of costs of doing things for the purpose of collecting sums of that kind.


(2) Where the person is charged such an amount, the sum adjudged to be paid is treated as increased by that amount.


(3) No such amount may be charged unless a collection order or other notice of the person's liability to pay such amounts has been served on the person.


(4) Where time has been allowed for payment of the sum, no such amount may be charged before the end of that time.


(5) Where payment is to be by instalments, no such amount may be charged—


(a) before the first occasion on which there is default in the payment of an instalment, or


(b) at any other time when the instalments are up to date.


(6) No such amount may be charged in respect of costs that may be recovered under paragraph 62 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (costs related to taking control of goods and selling them).


(7) This section applies in relation to a sum even if a collection order is in force in relation to the sum.”


(2) In the Courts Act 2003 after section 36 (a fines officer is a civil servant, or person provided under a contract, who is so designated by the Lord Chancellor) insert.."

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stopbailiff
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#7 Re: Section 75A Magistrates Court Act 1980

Post by stopbailiff » 07 Oct 2016 12:51

jasonDWB wrote:Bailiff companies try to get round this by saying the fees is costs of enforcement.

Costs of enforcement are the expenses paid in connection with taking and selling the debtors goods to pay the debt.

Fees are those prescribed in the Taking Control of Goods (Fees) Regulations 2014.

Where the sum recovered from the proceeds of sale is less than the debt owed, that sum is apportioned under Paragraph 50(3) of schedule 12.

Court service, using the RETMAR letter is intended to mislead the recipient, the payment of fines into court may be apportioned under a pretense the money is proceeds from the sale of goods. Or, as Paul Caddy says, money paid under the compulsion of a threat of an enforcement action.
Costs means any form of expense paid out, in addition to lawyers' fees, so even enforcement agent fees is likely to include costs. The law for costs assessment is SI 2014/1 for County Court), and SI 2004/ 400, for High Court.

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Tuco
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#8 Re: Section 75A Magistrates Court Act 1980

Post by Tuco » 07 Oct 2016 13:12

Costs mean anything done under or in connection with an enforcement power, or in connection with obtaining an enforcement power, or any services used for the purposes of a provision of this Schedule or regulations under it. Costs include fees.

Drocca-It's taken a long time coming but good find re 75A. I'll have a look at that over the weekend to check.

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