Sum Adjudged Paid - Marston Group

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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Joined: 05 Feb 2018 17:40

#1 Sum Adjudged Paid - Marston Group

Post by banners » 07 Feb 2018 09:41

Had a magistrate court fine that went to enforcement stage, couldn't pay it so spoken to Enforcement Agent told him was completely broke and until I was paid by a client early Feb I wouldn't be able to pay. On Monday got to a stage where I knew I wouldn't be able to make a payment in full, so called back up and offered to pay installments, but didn't get a chance to even offer told need to pay in full.

Found advice on here which I followed to pay Sum Adjudged, which I did direct to the courts. Called up the contact centre and advised I had paid my original fine amount direct to the court and i needed to send them proof of it. Paying the fine took every last penny I had at the point, but felt it was worth it, didn't even have £15 to pay for the template to send. So cobbled this together

Good afternoon

Following a call with your colleague today I was advised to seek advice, as a result I have paid the fine (The "Sum Adjudged") and the warrant no longer has effect. Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;

• (3)The property in all goods ceases to be bound when any of these happens—
• (a)the amount outstanding is paid, out of the proceeds of sale or otherwise;
• (b)the instrument under which the power is exercisable ceases to have effect;
• (c)the power ceases to be exercisable for any other reason.

The warrant issued by Marston Holdings only confers an enforcement power to recover the "sum adjudged". Section 76(1) of the Magistrates' Courts Act 1980 states;

Enforcement of sums adjudged to be paid.

• (1)Subject to the following provisions of this Part of this Act, and to section 132 below F1, where default is made in paying a sum adjudged to be paid by a conviction or order of a magistrates’ court, the court may issue a warrant of distress for the purpose of levying the sum or issue a warrant committing the defaulter to prison.

As goods have yet to be taken control of I refer to the following

Paragraph 58 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;
58(1)This paragraph applies where the debtor pays the amount outstanding in full—

• (a)after the enforcement agent has taken control of goods, and
• (b)before they are sold or abandoned.
• (2)If the enforcement agent has removed the goods he must as soon as reasonably practicable make them available for collection by the debtor.
• (3)No further step may be taken under the enforcement power concerned.

And in line with Paragraph 31 of the Taking Control of Goods: National Standards 2014 states;
Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable

I must also notify the bailiff in writing under paragraph 59(2) of the Act, which states;

The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.

As per the attached email the fine or “sum adjudged” has been paid in full.

Please restrict all future correspondence regarding the account to either telephone call or email.

The has also been sent by registered post.

I sent a copy of this in the post too yesterday. I have not spoken to the Enforcement Agent as I thought it was better to speak to call centre as at least my information would be logged. Do I need to do anything else?

Posts: 2
Joined: 05 Feb 2018 17:40

#2 Re: Sum Adjudged Paid - Marston Group

Post by banners » 07 Feb 2018 09:43

I emailed this to the email address given by call centre and it has been opened.

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Schedule 12
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#3 Re: Sum Adjudged Paid - Marston Group

Post by Schedule 12 » 07 Feb 2018 10:04

You only need to give the enforcement agent or his office a notice the sum adjudged has been paid.

Without the notice, the bailiff is not liable for enforcement action being brought.

Marston bailiffs are freelance, so their commercial interests often override the law in a hope they get away with it. That said, some bailiffs do take the risk. Many times it lands them months of court proceedings hanging over them, all for a £90 gamble.
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