Final steps notice and the EA

[mikeymack2002]

A friend received a final steps notice (FSN) from their local Court 2 days ago.

 

 

The text asked them to contact the fines Officer to sort the non payment of fines out. This was passed to me to assist with. I called the Courts this morning, the conversation was as thus.

 

 

Fines Officer: (FO) your account has been passed to Marstons for enforcement we cant help.

 

 

Me: Ok then please can you arrange for the defaulter to be put in front of a Magistrate to hear a means enquiry hearing.

 

 

FO: Why is that?

 

 

Me: The defaulter wants time to pay but cannot make an SD as was already aware of the case.

 

 

FO: Ok why can they not pay?

 

 

ME: I explained the case was heard in their absence and a level of fines was issued, no account was taken as to the level of the repayment was taken in to account (MC100 form) not being completed.

 

 

FO: Let me check

 

 

Me: wait

 

 

Moments later the FO came back and asked for the debtor to come to Court to show an I&E form as to how much they can afford. No problem we are here right now. Then the FO came out and spoke to us, read the I&E form and took it away. Sometime later they returned and asked if allowed to pay by instalments when could they pay and how much.

 

 

Me: I said we have £50 cash now and can afford to pay £15-00pw from next week. (debtor working with 2 LO's in place with rent arrears and other non priority debts.

 

 

FO: As it is out to Marstons I will call them and have the order returned to us and we will agree your repayment plan. (result). We paid the £50-00 online then and there, FO saw this.

 

 

FO: goes away again the recall the warrant from Marstons. Then returns to us and explains this can be the last time you default as next time we will not hear anything from you.

 

 

Me: I thank you for your time on this matter and your considerations.

 

 

FO: We will issue you a fines card or you can pay online weekly this amount will be £xx-xx pw and your 1st payment must reach your account by **/**/2016.

 

 

Me Once again thank you for your time in this matter...

 

 

We all walk away from this mess happy knowing that I have just saved this debtor a £75-00 fee and a possible £235-00 fee as well. So with this information it goes to prove that what I have said many times over the years you can get a great result from your creditors only if you speak to them before or immediately after the FSN.

 

 

Note to admin this could do with being in the bailiff section as well, ?

 

 

Sorry for the long read!!

Edited April 8, 2016 by Andyorch
Edited

[Andyorch]

MM I have copied thread over to the Bailiff Forum Discussion area also.

 

Andy

[brassnecked]

So two days after receipt of FSN, it was already with marstons???????

[Peterbard]

I think ther is usually 10 days to pay after a FS notice, if I remember correctly, BA will know. It is in the courts act 2003 schedule 5 i think.

[GrumpyToSayTheLeast]

Sounds like it was assigned to a batch sent to(or to be sent to) Marston's but they had yet to send a notice of enforcement and therefore, were able to return the case as the £75 hadn't been added.

Good result MM. If only more people faced up to their debts, the world would run a lot smoother. I'd be out of a job, but the world would run smoother.

[Bailiff Advice]

Sounds like it was assigned to a batch sent to(or to be sent to) Marston's but they had yet to send a notice of enforcement and therefore, were able to return the case as the £75 hadn't been added.

 

Good result MM. If only more people faced up to their debts, the world would run a lot smoother. I'd be out of a job, but the world would run smoother.

 

I would agree. The Further Steps Notice must give the fine defaulter a period of 10 working days to pay the amount stated, failing which, a warrant would be issued. In this particular case, the letter had only been received two days earlier.

 

The other clue to indicate that a warrant had not been issued was that a text message had just been received from the Fines Officer.

 

Thankfullly, this person (assisted by MM) addressed the matter very quickly and a sensible payment proposal was set up.

 

If he has left it any longer, the account would have been passed to Marston's and a compliance fee of £75 would have been applied.