Magistrate Courts ignoring requests from debtors to have fines reconsidered in cases of financial difficulties.

[tomtubby]

The following story is posted on SCOOP today and is vitally important for all debtors with severe financial difficulties who may be struggling to pay Magistrates Court FINES.

 

The story is from the website of Tax Payers Against Poverty which is run by the Reverend Paul Nicholson. On a separate matter, he currently has an ongoing Judicial Review application pending in the High Court regarding an application for a Liability Order (full details of which are featured on this forum).

 

The Reverend lobbied MP's and Peers for an amendment to be introduced into the Legal Advice Sentencing and Punishment of Offenders Act 2012 to allow for cases to be referred back to the Magistrates Court in the following cases:

 

Where the person was not in court when fines and has a disproportionate fine.

 

Where there is a change of circumstances after the Magistrates original decision.

 

Where there is financial hardship.

 

It would seem that Magistrates Courts are failing to abide by the amendment. The article can be read in full here:

 

 

http://www.taxpayersagainstpoverty.org.uk/law-allowing-magistrates-to-reconsider-fines-unpaid-due-to-hardship-ignored-by-fines-officers-and-bailiffs/

[brassnecked]

This could be a game changer, for vulnerable debtors, and the EAs will be anxious to keep it hidden as it makes them look unduly harsh and seen to be lawbreakers by continuing enforcement if there is a significant change of circs for the debtor, and they carry on regardless.

 

Wonder if the EAs will complain about this one?

 

There certainly may be grounds for an aggrieved vulnerable debtor to complain up the food chain to the Area Enforcement teams.

[jaffro]

this happened to us at the begining of 2013... we got a further steps notice at our address but rest of the paperwork had gone to a old address so had no chance to answer or defend.... we wrote to the court and explained this and also included i i&e form showing our money situation. plus 3 doctors/hospiatal/care worker letters outlining issues regarding health a vulnerability and the court just informed us they where passing it to the bailiffs.... only after speaking to a member on here where we aware we could do a stat dec... which we did... and this was for a speeding fine. and we have never heard a thing since doing the stat dec.

[ploddertom]

 

... only after speaking to a member on here where we aware we could do a stat dec... which we did... and this was for a speeding fine. and we have never heard a thing since doing the stat dec.

 

 

Let's hope it stays that way, but I think really you should check to see what happened.

[jaffro]

at the time of doing the stat dec my partner was told it was matter closed unless the police wanted to start the process again.. we have moved since then but wasnt until october last year so the courts/police had 10months. And the driver/car details where changed with the dvla at the time of the move so they have no excuses this time... my apologies it was a red light offence not speeding!

 

my partner had no problem with the fine part of it is was everything else they wanted to add. but then again thats stockport mag courts for you. and as of now my partner is layed up in bed after having a very large brain tumor removed 4 weeks ago but again i bet that wouldnt even class her as vulnerable??

[ploddertom]

at the time of doing the stat dec my partner was told it was matter closed unless the police wanted to start the process again.. we have moved since then but wasnt until october last year so the courts/police had 10months. And the driver/car details where changed with the dvla at the time of the move so they have no excuses this time... my apologies it was a red light offence not speeding!

 

my partner had no problem with the fine part of it is was everything else they wanted to add. but then again thats stockport mag courts for you. and as of now my partner is layed up in bed after having a very large brain tumor removed 4 weeks ago but again i bet that wouldnt even class her as vulnerable??

 

I'm really pleased the matter is at an end, at least you can move on. It is sad to hear of your OH's condition and best wishes to her from us all for a complete recovery.

[jaffro]

I'm really pleased the matter is at an end, at least you can move on. It is sad to hear of your OH's condition and best wishes to her from us all for a complete recovery.

 

 

thank you ploddertom...... without this site we would have been lost with the various issues we have faced....... thank you to everybody that has helped us and others to sort issues that without this site would most probably have escalated far more..

 

big thumbs up to CAG

[wonkeydonkey]

Hi Jaffro

 

Sorry to hear your OH has serious health issues and we all wish her a speedy recovery.

 

As I recall....I gave a helping hand when you had problems with Sherforce. Strangely enough your post jogged my thought process and I realised I had not brought to the forum's attention a bit of interesting 'gossip' relating to the aforementioned.

 

A few weeks ago I had a conversation with someone who found themselves in a position to pay ( nice little lottery win I was told) the balance owed to a writ executed by Sherforce. They were very excited at the prospect of paying the writ off 2 years earlier than anticipated and even more thrilled at the thought of all the 'costs and interest' they would be saving and decided their moment of triumph would be to make payment in person.

 

They withdrew the cash and undertook the half hour car ride to the Sherforce offices in Braintree....they got there to find the offices closed and a notice giving contact details etc stuck on the door. Returning home they made enquiries into what has happened to Sherforce, seemingly they found an address that indicated the business had been relocated to Canary Wharf. Letting the train take the strain, they went to Canary Wharf the following day, on arrival they were shocked to find the address was nothing more than an accomodation address!!!

 

I spoke with them last week and they tell me Sherforce do not have an office anymore and they are operating by way of a 'virtual' office. That fact alone has caused eyebrows to wiggle and questions to be asked. At the top of the list I would be questioning if Clair Sandbrook, (who jumped ship to the USA leaving Sherforce floundering on the rocks) can be seen fit to execute High Court writs while acting as an 'absentee' HCEO?

[brassnecked]

WD I think serious questions regarding Sherfarce and their "Virtual office" need to be raised with MOJ and HMCS

 

Glad Jaffro's OH is Ok and situation resolved. I feel there are rocky times ahead for EA and magistrates court who carry on as usual and enforce against obviously vulnerable debtors contrary to this law update