Small claims track for magistrates fine

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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Amccarroll30
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Joined: 03 Sep 2017 15:20

#1 Small claims track for magistrates fine

Post by Amccarroll30 » 05 Feb 2018 14:24

Hi,

Please be gentle im still trying to get my head around all the terminology and legislation.

The outline is;
Received court fine
Passed to collectica as couldn't make payments at the time.
Passed to marstons bailiffs.
Paid fine amount in full online - thought thats the end of it.
Bailiff then comes knocking saying i still owe his fees under the warrant.
Paid the fees as worried about coming back and removing goods whilst we were out.

Now im thinking, from reading this forum that i have a valid claim to go down the small claims route. In this case as it was a magistrates court - who would the claim be against? Martons bailiffs or the court that issued the warrant?

Many thanks
Adrian

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Pote Snitkin
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#2 Re: Small claims track for magistrates fine

Post by Pote Snitkin » 05 Feb 2018 15:01

You'd have trouble - the bailiff knocked on your door, asked for his fees and you paid them. He didn't take any further enforcement steps to make you pay.
http://www.huffingtonpost.co.uk/entry/h ... 50540e5a3d - False alarm, it wasn't him. Maybe next time.

Amccarroll30
Posts: 5
Joined: 03 Sep 2017 15:20

#3 Re: Small claims track for magistrates fine

Post by Amccarroll30 » 05 Feb 2018 15:11

Hi Pote. When the bailiff called i was out at work, my partner and kids at home. He handed my partner a card and told her to get me to ring him.

When i called him, he told me that if the fees were not paid in full before 6pm, he would return with locksmiths and police and gain entry to remove goods and i woukd be arrested.(all calls recorded and saved)

I paid over the phone in fear that he would be breaking into the house if my partner went out as he had power to do so under the warrant.

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Schedule 12
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#4 Re: Small claims track for magistrates fine

Post by Schedule 12 » 05 Feb 2018 16:24

When a fee recovery is done through the courts for fees taken after the enforcement power has ended, the claimant must show the bailiff took control of good, forced his way inside, or threatened you with arrest. Otherwise, the court will assume that you paid voluntarily.

If you want, you can still do the claim anyway. The court can only say now, but, either way, the bailiff company has to pay the costs of defending the claim. That might incentivise the bailiff company to pay a "goodwill" sum in settlement.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Amccarroll30
Posts: 5
Joined: 03 Sep 2017 15:20

#5 Re: Small claims track for magistrates fine

Post by Amccarroll30 » 05 Feb 2018 16:36

Thankyou Schedule 12. If i were to send the call recording, could you determine if it was enough as proof to the court?

And if so for the small claims who would it be against, the baillif himself or the bailiffs company?

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Schedule 12
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#6 Re: Small claims track for magistrates fine

Post by Schedule 12 » 05 Feb 2018 16:44

The claim is against the bailiff company.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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