Court fines and Bailiffs advice please

A question about : Court fines and Bailiffs advice please

I got fine by a Magistrates court due to not have a TV licence(we have one now) reason i have missed some of the payments is due to a Change in Benefits.

so yesterday i got a letter from a Company called Marston group saying they are in possession of a magistrates court order and they demand full payment (Ј107.00 fine and Ј85 fees) within 7 days from date of letter(11th July).

but we can not pay the full sum as on Benefits so will they accept a payment plan?

what is the best way to sort this out?

it also says that if we dont pay within 7 days they will come and remove our goods so if thats happens can they break in?

i know we should have had a Licence in the 1st place and that it is our fault.

Best answers:

• Contact the CAB (Citizens Advice Bureau) as soon as possible, via their 'phone number (or internet - their response may take about five days). I would do both, if I was you. If you have to pay the debt, then the CAB, should be able to arrange a payment plan with your debtor, which you can afford.
  Also, as far as I am aware a bailiff cannot enter your flat/house unless invited - they are like vampires - once invited or let in, they can return. Keep your windows closed and outside doors shut if you think they might be due (apparently, it is (or was) legal for them to enter through these means).
  If you have a camera, have it ready, they cannot touch you (assault) and in some cases the polce have to be there.
  Contact the CAB, a.s.ap. and I wish you well. good luck!!!
• its a magistrates court fine, they can force entry with a warrent under sh 5 of the magistrates court act
  yes they will accept a repayment plan
• the bailiff company will be dealing with it on behalf of the courts, their will be a warrant of distress out on you, the guidlines on repayments are set by the courts, not the baliffs, the courts will accept a certain amount of time to repay the fine in full plus costs.
  if you cant pay what the guidelines are then make volentary payments on it but enforcement will still continue.
  eventually it will get passed back to the courts as unenforced if its not paid in full.
  the courts will then look at the case and make a decision on what to do, if regular payments have been made voluntary, then they may give you more time, if you havent then the worst thing is a warrant of commital is issued for you.
  you would be arrested in that case
• Does the letter give a breakdown of "fees"? If they are court fees they will be added to the fine but if they are bailiff fees then Ј85 is too much, there is a maximum they are allowed to charge you.
• All you need to know about bailiffs https://www.bailiffadviceonline.co.uk/
  I'm receiving benefits and can't afford to pay my fine.
  If you are receiving benefits, in particular, Income Support you can apply for nominal repayments to be deducted from your benefits. Previously deductions could be made at a rate of Ј2.80 per week, but the Department of Work & Pensions considered that this amount should be increased .The new rate of deduction is now Ј5.00 per week.
  As deductions can also be made in respect of Council Tax, CSA arrears and gas/electricity arrears, the DWP have agreed that where there is insufficient benefit to deduct the Ј5.00 or, where there are already two deductions in place, the old standard rate of Ј2.80 per week should apply. When you first attended Court, and a fine was imposed, the court should have been made aware of your financial situation and arranged deductions on your behalf.
  However, if your financial circumstances have changed since that time and you are now receiving the above benefits, you must contact the Fines Department immediately to inform them of your new circumstances so that arrangements can be made for the deductions to be made. This will ensure that bailiff action will cease. Under the Third Party Deduction Scheme there is an overall cap of Ј8.40 per week that can be deducted from your benefits.
  If you are convicted in the Magistrates' Courts, you would receive a financial penalty which is payable to the Magistrates Court and if this remains unpaid, a Distress Warrant can be issued and passed by the courts to any one of the 4 bailiff companies under Contract by HMCS to enforce these warrants. The companies are Marston Group, Philips Collection Services , Swift Credit Services and Excel Enforcement Ltd.
  Swift and Excel enforce Distress Warrant issued by Magistrates Courts in Wales.
  Under these Contracts, HMCS have agreed with each company that they may charge the debtor an "admin fee" of approx Ј85 together with a one off "attendance fee" which has recently increased to Ј215.
• So guys what is the best way to go with this on Monday morning?
  Just one thing would i be classed as vunerable as i suffer from epilepsy?
• In my experience it is quite difficult to negotiate with the bailiffs, do you have savings you could use to avoid further charges.
  Maybe a credit union will be able to give you an emergency loan (sometimes these are accesible without being a member)
  I would suggest contacting the bailiff to ask can you pay in instalments or ask for a means hearing due to being on benefits, if this doesn't work, contact the court, explaining you are on benefits, you've tried negotiating with the bailiff and can you request direct deductions from benefits or a means hearing.
  I have known the court not to be helpful when it's with the bailiff though and if you can't come to some arrangement with the bailiff or can't get access to the funds required you will have to wait for the bailiff to send it back to the court and then request a means hearing (think this is after 90 days) but don't let the bailiff in as he will then have right of entry and probably levy on your goods.
  Unfortunately this route could increase the bill by Ј215.
• What happens if i just make the payments online as i should have done as ordered by the court?
  I have just paid Ј5 online so does that mean the Bailiffs have to send me a new letter with the new sum due as just made payment?
  or will the court reject the payment?
  will they see this as a good thing for me to start paying it or not?
• Just a update
  I have just called Marston group and they would not do a payment plan(didnt think they would) but they said if i pay a Ј50 down payment tomorrow and then they will give me 4 weeks to pay the rest so got somewhere in the end.
  Just one thing what if i rang the court up and paid them the Ј50 would they take it but would Marston still go after me?
• the courts will not deal with you anymore at this stage as you have failed to pay them already, its in the hands of the bailiffs until it gets passed back to them as unenforcable, then it gets upped a stage, like warrant of commital
• HI rich_shot2003, thank you for your query re court fines.
  Firstly regarding the powers of bailiffs, for magistrates' courts fines bailiffs can, in certain circumstances, force entry into your home to levy on goods. You can find more information on bailiffs powers at www.adviceguide.org.uk.
  You have said you suffer from epilepsy so you may be classed as a vulnerable person under the guidelines set down in the National Standards for Enforcement Agents so I would suggest you obtain a letter from your GP or medical report and send it to Marstons and ask them to return fine to the court. You can then contact the court to set up a payment arrangement or a direct deduction from benefit (this will depend on type of benefit you receive as only some benefits can be deducted from). It is very important that you make regular payments at this stage, even if it is of a low amount as that is all you can afford, as non-payment of a magistrates' courts fines can lead to imprisonment.
  If you have other debts you are struggling with or have other problems which may make contacting bailiff yourself difficult then I would suggest you seek advice from a debt adviser and you can find your local Citizens Advice Bureau at www.citizensadvice.org.uk.
  Hope this is of assistance.