Magistrates Court Fine

[robert_roi]

Hello guys,

 

Some of you say that bailiff have the right to force their way into your home for a Magistrates Court fine.

Although on Debt Basics - Bailiff Guide it says:

"Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare."

 

Same information you can find on Bailifs - Consumer Wiki website:"In general no bailiffs are not able to break into your home to seize goods. The Inland Revenue can obtain a warrant to force entry in extreme cases, however this is infrequent.

Bailiffs are able to gain peaceful entry to your house through an open door or window and are even allowed to climb over fences and gates to gain access if necessary"

 

 

 

Could anyone advise please?

Thanks.

[maroondevo52]

Hello and Welcome, robert_rio.

 

You may find some answers in here.......

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/107376-what-bailiffs-can-cant.html

 

Regards.

 

Scott.

[robert_roi]

Thanks maroondevo52, I read all that stuff already but I am bit confused on subject.

 

Direct.gov.uk states that:

"Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant.

Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry."

 

Does it mean that bailiffs recovering unpaid magistrates' court fines cannot break into my home? What "power to force entry" mean actually?

Edited July 20, 2008 by robert_roi

[maroondevo52]

Hi, robert,

 

Found this.......

 

The exceptions to this are when bailiffs are trying to recover money you owe to HM Revenue & Customs or are trying to recover unpaid Magistrates' Court fines. In the latter case, bailiffs have the power to force entry. In the former case, bailiffs are allowed to break into your home providing they have a magistrates' warrant to do so.

 

It looks like they can force entry.

 

 

Regards.

 

Scott.

[tomtubby]

A Bailiff enforcing an unpaid Magistrates Court Fine CAN force entry into your home. The following is from our website.

 

 

 

Can the bailiff force entry into my home?

 

If the bailiff is pursuing you for an unpaid fine of a criminal nature…then the answer, unfortunately, is yes. However, this is more of a threat, and during the past year, bailiffs forced entry into a home on less that 10 occasions.

 

The right for bailiffs acting on behalf of the Magistrates Court, the power to “enter and search any premises” for the purpose of executing a Warrant of Distress, was granted under Paragraph 3 of Schedule 4A of the Magistrates Courts Act 2004. This provision was also then inserted into the Domestic Violence, Crime and Victims Act 2004 which was introduced last year.

 

The right to force entry however only applies to the collection of unpaid fines which are criminal matters.

 

It is important to note that these rules do not apply to the collection of unpaid council tax, business rates, unpaid parking and congestion charge notices, CSA arrears etc. The rules only apply to unpaid fines administered in the Magistrates Court.

[WWOW]

Bailiffs collecting unpaid tax for HMRC can commit breaking & entering.

 

Bailiffs collecting magistrates court fines cannot. They only have immunity from criminal liability if the bailiff commits criminal damage or uses violence against a person while obtaining a money transfer to settle a debt.

[robert_roi]

Well. Thats what I am talking about guys.

Whats the actual truth then??

[robert_roi]

I just figured out what is whole Bailiff stuff about in my case.

 

In May 2008 due to failure to pay £ 195 as ordered by the Court (late payment of TV licence), a Distress Warrant has been issued to the Court Bailiff.

 

On 16/07/08 Bailiff slipped a Removal Notice through my letterbox with Magistrates Court Fine highlighted on it and amount of £420 to pay. I was bit confused and sent a letter to Marston that I have no knowledge of any such debt etc...

 

Today I got another note from the Bailiff through the letterbox saying:

 

I (Bailiff`s name) attended your address today to execute a distress warrant against you

on behalf of HMCS Bury

The amount outstanding today is £420

I have been refused entry to the address and believe that you are wilfully trying to avoid me.

You should be aware that there exists a power under Schedule 4A of the Domestic Violence, Crime and Victims Act to enable us to enter your property, BY FORCE, using locksmiths where required, to execute this warrant.

I will be attending your premises with a locksmith within 7 days to conclude this matter. I will have the authority to use the above powers if necessary.

 

So now I am just wondering what to do next. Do they have a power to force entry into my flat??

Please help guys. Thanks.

[maroondevo52]

Hi,

 

As Tomtubby says.............

 

The right for bailiffs acting on behalf of the Magistrates Court, the power to “enter and search any premises” for the purpose of executing a Warrant of Distress, was granted under Paragraph 3 of Schedule 4A of the Magistrates Courts Act 2004. This provision was also then inserted into the Domestic Violence, Crime and Victims Act 2004 which was introduced last year.

 

The right to force entry however only applies to the collection of unpaid fines which are criminal matters.

 

It is important to note that these rules do not apply to the collection of unpaid council tax, business rates, unpaid parking and congestion charge notices, CSA arrears etc. The rules only apply to unpaid fines administered in the Magistrates Court.

 

 

Regards.

 

Scott.

[robin9342]

Unfortunately, the fine for watching TV without a licence is a criminal matter, so it seems the bailiff could force entry in your case

[robert_roi]

Thank you for reply.

It seems my only hope in my two rottweilers then...

 

BTW could they take washing machine or sofas???

Edited July 30, 2008 by robert_roi

[Guest daewoo21]

Bailiffs collecting unpaid magistrates fines cannot break in to your property.

 

There is no force attached to the warrant.

 

If they want to break in the warrant has to go back to court to get force of entry attached by the magistrate.

[tomtubby]

Many agencies have complained to the Ministry of Justice at this clause that allows bailiffs to force entry in the event of enforcing an unpaid Magistrates Court Fine. Despite this, the clause remeins.

 

However, the clause is used very rarely indeed. I personally have never known it used...that does not mean that the bailiff will not threatened to use this sanction.

 

If you did not receive any details of this fine then you need to swear a very simple Statutory Declaration. This will cancel all enforcement.

 

 

If you did receive notification from the court and knew about this debt then you may have to make a payment proposal to the bailiff company. Make SURE you do this at the first letter stage when the fees are just £50, otherwise you will incur a visit fee of £175 as well.

 

Finally, the contract that the Ministry of Justice have with the bailiff companies provides that they can accept payment proposals over a period of 180 days (ie: 6 months.)

Edited August 1, 2008 by jonni2bad

[robert_roi]

Tomtubby, I wasn`t aware of a Distress Warrant at all until now.

What is the procedure with Statutory Declaration?

[tomtubby]

Not being aware of the Distress Warrant would not be grounds to swear a Statutory Declaration.

 

Many people have no knowledge of the fine and it was heard in their absence or that in the case of a motoring offence etc papers had gone to a previous offence.

 

If you knew of the fine AND received letters from the fines office to remind you to pay then you do not have grounds to file a Stat Dec.

 

If however you did not know of the fine etc then a Stat Dec must be filed.

 

A word of warning. You only have 14 DAYS to file a Stat Dec from the date that you were made aware of the fine.

If you have any queries, please do let me know.

Edited August 1, 2008 by jonni2bad

[robert_roi]

Unfortunately too late to turn it back now.

I will fight though.

My home IS my Castle!

[tomtubby]

Just remember that Marston Group bailiff's are allowed to accept payment proposals spread over 180 days.

 

In addition, the Warrant of Distress must also be enforced within 180 days.

[fossn]

Hi

I have a similar problem for an unpaid fine. I have been reading the vulnerable persons part.

If I tell the court I am a vulnerable person the bailiff has to go back to the magistrates for further instructions.

What does this mean. I told the judge in court that I was in receipt of DLA and registered disabled etc.

If the bailiff forces entry in my absence s/he won't know I am a vulnerable person or will the court know before they issue a warrant? If they continue to issue the warrant does that mean they are aware and have already considered it? is there a place on the warrant to register that the person is vulnerable and the bailiff can go ahead?

[ploddertom]

Hi

I have a similar problem for an unpaid fine. I have been reading the vulnerable persons part.

If I tell the court I am a vulnerable person the bailiff has to go back to the magistrates for further instructions.

What does this mean. I told the judge in court that I was in receipt of DLA and registered disabled etc.

If the bailiff forces entry in my absence s/he won't know I am a vulnerable person or will the court know before they issue a warrant? If they continue to issue the warrant does that mean they are aware and have already considered it? is there a place on the warrant to register that the person is vulnerable and the bailiff can go ahead?

 

Start your own thread, you'll get a better response that way as this one is over 3 years old, here's the link http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

 

PT