Use of bailiffs by Magistrates Courts
Tony Keeble, Burnley
Not only did John manage to make the magistrate’s distress warrant null and void for two motoring offences, the added bonus was that both the convictions themselves were also made null and void. A huge weight has been lifted from my shoulders now.
If you're having problems with bailiffs then the FIRST person you should
speak to is John Galt. Thank you very much!
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Most courts use bailiffs to collect fines by taking goods and selling them to pay the fine for offences such as speeding, not having car insurance, driving licence, road tax, TV licence, etc.
I can help you to get the legal validity of both the magistrate’s warrant and also the attending bailiff’s fees questioned and the bailiff action suspended. Call me and tell me your story.
Do I have to let the bailiffs in?
Under Section 27 and Schedule 4A of the Domestic Violence, Crime and Victims Act 2004, if you refuse Magistrate Court bailiffs entry to your home, or are not in when they call, they have the power to force entry into your home.
If they do get into your property they can either remove goods or, more usually, will take 'walking possession' of your belongings. This means that the bailiff will make a list of goods that they intend to take and get you to sign the list. Some household items like beds, clothes and tools of your trade are exempt. You must then either pay the debt or arrange instalments with the bailiffs (if possible). If no payment arrangement is made, or subsequently broken, bailiffs can return to take your goods and again they can break in if necessary.
If the bailiff is unable to gain entry then the fine will eventually be returned to the court for collection (but this very rare, so don’t even think about dodging the bailiff – he will find you eventually). A bailiff will be able to take away your car unless it is securely garaged without needing to gain entry to your house.
I can help you to get the legal validity of both the magistrate’s warrant and also the attending bailiff’s fees questioned and the bailiff action suspended. Call me and tell me your story.
Instalments
Generally bailiffs' firms will only accept the total outstanding for magistrates fines plus his fees of a minimum of £275 and there is little scope for reduced instalments.
I can help you to get the legal validity of both the magistrate’s warrant and also the attending bailiff’s fees questioned and the bailiff action suspended. Call me and tell me your story.
Bailiff's costs
Bailiffs can charge for a number of things including administration costs, handling fees and making visits to your property.
I can help you to complain to the Clerk to the Justices at the relevant Magistrates Court if you feel that the costs incurred are very high and/or unnecessary. It is unlikely that these charges will be reduced as they are set locally between the Magistrates Court and bailiffs. However, if the bailiff is unable to gain entry and seize goods, the matter will eventually be returned to the court.
Bailiffs costs cannot be enforced by the court and they would effectively be written off when the fine is returned to the court.
Please note: I provide help in uncovering illegal and unreasonable over-charging of bailiff fees – I don't help you get off paying magistrates’ fines - I understand there are plenty of Google-able organisations that say they know how to do this. If the fine is for up to £125, it's cheaper to just pay it than to pay me. I only get involved if matters proceed to bailiff visit stage and the bills really start to rack up into the few hundreds.
I can help you to get the legal validity of both the magistrate’s warrant and also the attending bailiff’s fees questioned and the bailiff action suspended. Call me and tell me your story.
The alternative is to contact the Citizens Advice Bureau. They are very good but you may have a long wait to get an appointment and they cannot represent you in court or arbitration so you will have to contact a lawyer at some point. By the time you have paid the lawyer, you may as well as have paid the bailiff.
If you need help with dealing with a magistrate’s bailiff, call me with the following information:
1. The bailiff company, amount, case number and individual bailiff name
2. Which state benefits you are claiming, or your take-home pay and job
3. The court name, date of offence, case number and what the fine was for.
To get immediate help with your magistrate's fines call John Galt on 0203 509 9007 or 07542 040 796.
