Paid HMCTS fine but still passed to Bailiffs **Resolved**

[HCEOs]

Hi,

 

A friend of mine has called this morning asking for some advice on an area that isn't my expertise.

 

He is at work now and is unable to post so I said I'd try and get some help from CAG.

 

Basically he was stopped for speeding last year and fined £60 on the spot. He sent his cheque in and it was cashed.

 

For some unknown reason the matter was transferred to a large Bailiff Company.

 

He received a letter from them demanding a higher amount. He contacted them explaining the matter was paid and that there was an error. They were pretty unhelpful e says and demanded a copy of the cheque.

 

He got this from his bank and sent it to them. He also provided documentation that confirmed it was cashed and, foolishly you'll say, provided them with his new address.

 

Yesterday a Bailiff called him on his mobile stating that he was at his address. His wife was at home and there was no sign of any Bailiff so he assumes that he was at his old address. the Bailiff demanded several hundred £s now and stated that he will return tomorrow with locksmiths to force entry.

 

My friend is obviously worried with his wife and kids at home and just wants the matter resolved as he's done nothing wrong.

 

What are the correct steps to stop this action (Forms etc).

 

Any help would be greatly appreciated.

 

HCEOs

[ploddertom]

Does he know which Court has instigated this? I assume he was issued with a FPN which for whatever reason has been wrongly allocated as non-payment, therefore resulting in a fine being issued from the Magistrates Court. Are you sure he has had no prior notification of this - Collection Order or Final Steps Notice? Has he checked against the Warrant for name, address, date of offence etc - it is not unknown for someone to have given false details.

[ploddertom]

Forgot to mention the Bailiff is carrying out the instructions of the Court and will not withdraw until informed otherwise.

[HCEOs]

Thanks PT.

 

I've left a message for him and am awaiting a return call to answer the questions.

 

I do know that it was a FPN is Sussex. He also said that the Sussex Ticket Office had moved recently and apparently he was told during his inquiries that this was causing all sorts of issues with payments received.

 

I can only presume that the previous documents went to his last address but will confirm.

 

Once again, many thanks.

[ploddertom]

He must press them to treat this with some urgency & at the very least get them to call off the dogs whilst investigating.

[tomtubby]

My personal opinion is that he should get a Statutory Declaration completed on the basis that payment had been made BEFORE the issue of a Warrant of Distress and in the stat dec he should also state that he had moved and had therefore not been able to respond to a Further Steps Notice.

 

Within the next hour I should be able to put together a rough draft which I will post on here.

 

PS: Does the "large" bailiff company start with initial M or C?

[brassnecked]

Stat dec ASAP, and complaint to the Court Manager of the originating court also, you are in safe hands tomtubby, and ploddertom are on the case

[HCEOs]

OK, he has now had confirmation that the fine registration has been removed and an urgent request has been sent to return the distress warrant from the Bailiffs.

 

Hopefully this should be the end of the matter.

 

Many thanks for your help.

 

HCEOs

[tomtubby]

Excellent result.....

[HCEOs]

My personal opinion is that he should get a Statutory Declaration completed on the basis that payment had been made BEFORE the issue of a Warrant of Distress and in the stat dec he should also state that he had moved and had therefore not been able to respond to a Further Steps Notice.

 

Within the next hour I should be able to put together a rough draft which I will post on here.

 

PS: Does the "large" bailiff company start with initial M or C?

 

An M tomtubby. To be fair to them they are only following a duff instruction it would seem.

 

Going forward, if I am asked again on similar grounds I presume the Stat Dec route is the way to go.

[brassnecked]

Glad it is sorted, yes a Stat dec, is a legal statement of truth and would be one of the remedies along with receipts etc so Marstons would be very silly if they ignored one or decided to carry on enforcing when called off. they have form for continuing enforcement even when the case is withdrawn.

[tomtubby]

With criminal offences/fines a debtor may make an application to court to "re-open" the case and this is done by way of a Statutory Declaration. If accepted, the Warrant of Distress will be revoked and...if the debtor had been forced to pay enforcement fees to a bailiff company , he will be entitled to a refund.

[sgtbush]

try to get the client ref number from the bailiffs and the originating court, phone the court and explain whats happening. i would think that they would want to see some proof of payment like a copy of the bank statement the cheque was cashed etc with a stat dec form,

 

unfortunatly the bailiff is only acting on the courts instructions and he/she will not know the ins and outs of the case. the courts are the only people who can have the warrant cancelled.

if the debt has been paid then they will cancel the warrant and no more bailiffs as the court are in error

[brassnecked]

In this case the warrant should never have been issued the fine had been paid. What is going on at HMCS, they and Marstons want to be kicked and hard.

[ploddertom]

I'm pleased this has been resolved and quite quickly by the sounds of it. Will change the thread title to reflect this.