Paying the court direct

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Syd Snitkin
The Watcher
Posts: 171
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

Paying the court direct

Post by Syd Snitkin »

Oh dear.

https://www.consumeractiongroup.co.uk/t ... nt-5077750
I cannot tell you how many enquiries, identical to yours we have dealt with on this forum.

Once again, if payment is made after a warrant is issued and passed to bailiffs, then any payment made to the court of just the fine amount (minus bailiff fees) is simply forwarded by the court to the relevant enforcement company.

And here is the most important piece of information to remember:

Lets say for example that the bailiff requested a sum of £425 and that this was broken down as to £350 for the fine and £75 for the Compliance Fee. The debtor then makes payment TO THE COURT of just the sum of £350 (fine amount). Here is what happens next:

As a warrant has already been issued and passed to bailiffs, the court will send the £350 to the enforcement company.

Legislation provides that from any payment made (irrespective of whether that payment was made direct to the creditor/court or enforcement company) that the £75 Compliance fee is first deducted. Therefore the payment made of £350 has been allocated as to £75 towards the Compliance fee and the balance (in this case of £275) allocated towards the fine.

The compliance fee of £75 has been paid in full and the balance remaining against the fine has now been reduced to £75. Unless payment of this £75 is made, the bailiff is entitled to make a visit and at that stage, an enforcement fee of £235 becomes due and payable.

To avoid this scenario happening, don't pay a creditor (or court) direct once the debt is with bailiffs.

If you are in arrears with paying a court fine, then what happens is that HM Courts will send you what is called a Further Steps Notice. You have just 10 working days to clear the arrears otherwise, a warrant would be issued.

The court are not under any obligation to send more than one Further Steps Notice during the lifetime of the fine. In other words, if you had previously been late in making payments and had received a Further Steps Notice, the court are not required to send another one to you if you again default in payment.
25 minutes later....
I have had an email from the bailiffs today stating the whole £310 has been written off because the debt was settled with the court.
Former General Manager of a nursing home, trained in music and classical guitar, MBA in contract law, expert legal commentator on bailiff law. enjoys PG tips. No not me, some screwball elsewhere
zeke
Posts: 244
Joined: 30 Jul 2012 21:23

Re: Paying the court direct

Post by zeke »

An MP intervened after being given a skeleton argument explaining how the fee regulations work when a debt is settled after a warrant is issued.

Its all about the words "money taken in exercise of the power".
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