Paid fine online

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Twixi
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#1 Paid fine online

Post by Twixi » 10 Mar 2017 17:41

Hi, had a tv licence fine back in October, I let it slip due to illness. Any way MARSTONS got involved, I tried with out success to make a payment plan but the bailiff would've have it,
I've since paid the fine direct to the court, got my receipt and forwarded it on to his office and notified him by text this was done. Well all I can say is what a rude and threatening man.
Said it didn't matter if I paid the fine, it doesn't count as I still owed his fee of £310, so enforcement action will take place, including locksmiths and police etc, as I've willfully refused to pay. Which I havent6at all,.
I've offered £10 a week to clear his wages so to speak, but it's fell on deaf ears.
I also contacted the court and we told " sorry nothing to do with us, we pass the payment to them,so contact them, they have every right to get their fees ".
Any advice please, I've refused to talk to him, as his manner is apaling.

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jasonDWB
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#2 Re: Paid fine online

Post by jasonDWB » 10 Mar 2017 18:10

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Statto
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#3 Re: Paid fine online

Post by Statto » 10 Mar 2017 19:15

£10 a week is not much. I would contact the fines manager and explain that you are in financial trouble after struggling to pay the fine and do not have a further £310. Ask if you can pay this final part off at £25 a week which will see the balance paid off in 3 months. Ask the fines manager to place enforcement action on hold whilst your offer is being considered.

Do not take the advice that Jason has posted in the linked thread as it never works and only causes further problems later on.

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#4 Re: Paid fine online

Post by Twixi » 10 Mar 2017 20:31

The court has said I should deal with Marston's directly it's out of their hands. Also should I make a complaint against the Bailiff ? With regard to his texts I received

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jasonDWB
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#5 Re: Paid fine online

Post by jasonDWB » 10 Mar 2017 20:42

No. Legally the case is closed. You give the bailiff a notice under paragraph 59 of Schedule12 of the Tribunals Courts and Enforcement Act 2007 telling him the sum adjudged has been paid.
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#6 Re: Paid fine online

Post by Twixi » 10 Mar 2017 20:53

So I take it his text rants and telling me its now been passed for enforcement is him being pissed off.

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jasonDWB
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#7 Re: Paid fine online

Post by jasonDWB » 10 Mar 2017 21:02

You can hand the nuisance text messages to the ICO saying they cause you alarm and distress.

Here is how. http://www.dealingwithbailiffs.co.uk/Ba ... xtSMS.html
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#8 Re: Paid fine online

Post by Scully » 10 Mar 2017 21:52

I suspect the ICO will take no action particularly if you have not attempted to resolve the problem with the bailiff. This may require a letter sent by recorded delivery saying the constant calls and texts are causing you distress and alarm and that you are happy to correspond in writing. I would also put any offer of repayment in writing as well.

Having read the related paragraphs of the link on the other thread I am not convinced the legislation is in your favour. I read this as saying enforcement fees become part of the debt assuming they have been levied lawfully.

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#9 Re: Paid fine online

Post by jasonDWB » 10 Mar 2017 23:07

Scully wrote:
10 Mar 2017 21:52
I suspect the ICO will take no action particularly if you have not attempted to resolve the problem with the bailiff.
THat is not what the law says.

If a message is unsolicited and causes anxiety or distress, the sender commits an offence. The ICO can recommend the service provider to suspend services. Jacobs and Newlyn already has services suspended for sending hidden ID text messages to cause anxiety or distress. They used a webpage to send mass communications by text supplied by an IT company,


This may require a letter sent by recorded delivery saying the constant calls and texts are causing you distress and alarm and that you are happy to correspond in writing. I would also put any offer of repayment in writing as well.

The recipient might not be the debtor. I used to get them because bailiffs were contacted from our outbound mobile number.


Having read the related paragraphs of the link on the other thread I am not convinced the legislation is in your favour. I read this as saying enforcement fees become part of the debt assuming they have been levied lawfully.

To "levy" lawfully, the bailiff must exercise one of the four enforcement steps in Paragraph 13(1) of Schedule 12 of the TCEA 2007. That can only happen then the power conferred under the warrant is still in force.
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#10 Re: Paid fine online

Post by Twixi » 11 Mar 2017 08:38

I'm also not saying the fees aren't owed, and I'm happy to pay them, I just haven't got the money in one lump to do it.

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#11 Re: Paid fine online

Post by jasonDWB » 11 Mar 2017 09:08

The court service cannot reject your payment. It would cause the warrant to be extinguished and the court service is without the money.

They have to give receipt because the law says so. Paret 52(3) of the Criminal Procedure Rules.
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#12 Re: Paid fine online

Post by Amy » 11 Mar 2017 09:19

Twixi, it's really not a good idea to leave all your details on posts like that, I've removed them for the minute.

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#13 Re: Paid fine online

Post by Twixi » 11 Mar 2017 10:16

Bless you , thank you Amy, my fault.
And bless you Jason for your advice.
When I spoke to the court yesterday, I did mention what if I could pay all the £610 and the lady said, I couldn't as if I did I would get a refund as only the judgement counted, they have no means to pay the Bailiff fees.
So I suppose that makes sense. But then why would they pass on the fine payment ? I'm quite confused sorry

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#14 Re: Paid fine online

Post by Pote Snitkin » 11 Mar 2017 10:19

Twixi wrote:
11 Mar 2017 10:16
So I suppose that makes sense. But then why would they pass on the fine payment ? I'm quite confused sorry
Because that is what they always say - we've never seen any real proof they actually do this.
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

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#15 Re: Paid fine online

Post by jasonDWB » 11 Mar 2017 11:02

Regulations don't provide for it either.
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#16 Re: Paid fine online

Post by Twixi » 11 Mar 2017 11:16

Well I shall wait with baited breath, I will offer payment of the fees in instalments, and see what happens. I've tried making a token payment online to Marston's but but it's still saying I owe £610,and won't let me alter it. And no doubt if I was able to pay £610,having paid £300 of the original fine to the court, I'd be hard pressed to get anything back for them.
I've been polite and apologied countless times to
Marston's, and have never been rude. Maybe that's just how they deal with people :(

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#17 Re: Paid fine online

Post by jasonDWB » 11 Mar 2017 11:48

DO NOT pay money online to a bailiff company website.
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Twixi
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#18 Re: Paid fine online

Post by Twixi » 11 Mar 2017 11:51

Ok, so a postal order would be better ?

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jasonDWB
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#19 Re: Paid fine online

Post by jasonDWB » 11 Mar 2017 12:01

Cheque. It leaves a paper trail. If it's not banked then you're off the hook. It's given to the bailiffs PO Box address. Guaranteed delivery. Take photos of the cheque and stamped envelope before posting.

If you want to give it in person, their HQ is Merlin House, Baker Lane, Epping. Don't remember the postcode.
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#20 Re: Paid fine online

Post by jasonDWB » 11 Mar 2017 12:01

Cheque. It leaves a paper trail. If it's not banked then you're off the hook. It's given to the bailiff company PO Box address. Guaranteed delivery. Take photos of the cheque and stamped envelope before posting.

If you want to serve in person, their PO Box address points to Marston (Holdings) Limited, Kestrel House, Baker Lane, Epping. Don't remember the postcode. Get it on video.
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Twixi
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#21 Re: Paid fine online

Post by Twixi » 11 Mar 2017 13:44

Thank you, and sorry to trouble you at the weekend
Just to clarify, was I right to pay the fine to the court ?
And what is a successful levy ? He's never entered my property to list any items.

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#22 Re: Paid fine online

Post by jasonDWB » 11 Mar 2017 14:04

Twixi wrote:
11 Mar 2017 13:44
Thank you, and sorry to trouble you at the weekend
Just to clarify, was I right to pay the fine to the court ?

The court ordered you to do just that. Pay the fine into court.



And what is a successful levy ? He's never entered my property to list any items.
He doesn't need to enter the property to make a levy. The expression "levy" is obsolete from April 2014. It is now called taking control of goods

To take control of goods, a bailiff must exercise one of the four methods prescribed in paragraph 13(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 which says:



  • Ways of taking control

    13(1)To take control of goods an enforcement agent must do one of the following


    • (a)secure the goods on the premises on which he finds them;

      (b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

      (c)remove them and secure them elsewhere;

      (d)enter into a controlled goods agreement with the debtor.
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#23 Re: Paid fine online

Post by Twixi » 11 Mar 2017 14:59

well he's done none of that.

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#24 Re: Paid fine online

Post by jasonDWB » 11 Mar 2017 15:28

There is no "costs" recoverable from the debtor. Just the fees, but the warrant doesn't confer an enforcement power for them as part of the "sum adjudged".
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Twixi
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#25 Re: Paid fine online

Post by Twixi » 12 Mar 2017 14:53

Thank you Jason, managed through a friend to speak to a solicitor today and pretty much said the same thing. The threats are a standard response to me paying the fine direct to the court. , They get annoyed at that apparently.
He said, because the order is settled, it means they have to apply for another order to claim fee's etc, but won't be able to do it with the order from the court to recover TV licence fine as that's now paid. The warrant still stands but the fine has been satisfied.
I'm still a little confused but getting there.
Your advice has been gratefully appreciated.

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#26 Re: Paid fine online

Post by GDB » 12 Mar 2017 16:13

You have paid the fine to the Court and got a receipt for full payment - that is it - the Court have been paid and the fine is extinguished.

In layman's terms - You do not owe anything. There is nothing to enforce as the fine has been paid!

If the Bailiff keeps giving you grief or turns up at your door, call the Police.

If you have a modern smart phone get an app that acts as a call / text blocker.

As Jason has stated - the sum adjudged by the Court has been paid in full.

The Bailiff is having a hissy fit and throwing his toys out of the pram because you have got one over on him.

The Warrant is only live when the money is owing (the fine), its the COURTS that issue the Warrant NOT the Bailiffs

Please remember one thing - A bailiff will tell more porkies than a kid caught doing something wrong behind the bike shed at school.

If the bailiff company wants the money, they will need to issue a County Court Summons - the chance of that happenening is when pigs will fly.

Twixi
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#27 Re: Paid fine online

Post by Twixi » 12 Mar 2017 16:21

You are wonder people, thank you, I'm so glad my daughter is doing law as a degree, your advice is brilliant and so helpful :)

GDB
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#28 Re: Paid fine online

Post by GDB » 12 Mar 2017 16:33

I'm a mature Law student (55) its a lot of work but worth it.

You Daughter should have access to books like the Archbold and The White Book via online or in the Library. There is a wealth of information contained within them.

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#29 Re: Paid fine online

Post by Twixi » 12 Mar 2017 18:08

Gosh, well done you. Aren't the books expensive though !
She's loving it, well EU Law isn't her favourite. But she graduates in September so all good :)

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#30 Re: Paid fine online

Post by Twixi » 12 Mar 2017 20:34

Also, just one point, he text me Friday afternoon and said if I don't pay by 5.30pm then he'll pass my warrant to enforcement. I didn't text back, but the at 5.35, said he had passed my warrant for enforcement. What does that mean ??

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#31 Re: Paid fine online

Post by Pote Snitkin » 12 Mar 2017 20:46

No idea - he is the enforcement agent. Who does he want you to think he's passing on to - his Dad?
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

Twixi
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#32 Re: Paid fine online

Post by Twixi » 12 Mar 2017 20:49

Haha, maybe. Just confused me. I did think for a moment,
"Your the one who does the enforcing " that's your job ?
Unless he's under the impression I'm not too clued up, and ignorant ?

Twixi
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#33 Re: Paid fine online

Post by Twixi » 12 Mar 2017 21:03

Just read it again " your warrant is now with enforcement " baffling !

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#34 Re: Paid fine online

Post by Twixi » 15 Mar 2017 10:59

Hi there, well had another visit from Mr Cameron and hes tried to call me. My daughter was at home looking after a friend's dog. Never left anything though, I called the police but they said he could break in regardless if I've paid the fine. !!!!??

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#35 Re: Paid fine online

Post by GDB » 15 Mar 2017 11:31

Twixi wrote:
15 Mar 2017 10:59
Hi there, well had another visit from Mr Cameron and hes tried to call me. My daughter was at home looking after a friend's dog. Never left anything though, I called the police but they said he could break in regardless if I've paid the fine. !!!!??
If the fine is paid in full - then it is extinguished - end of story

The Police are useless when it comes to things involving bailiffs.

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