HMCTS Historic Debt Team: check old court fines and payment options

HM Courts & Tribunals Service administers courts and tribunals. Its Historic Debt Project was established to trace and collect unpaid criminal fines and financial orders in England and Wales. Verify any contact and act promptly if you receive a genuine notice.

Each month, over 170,000 people visit our website seeking guidance on debt matters, so if you don’t know where to start, please keep reading.

In this easy-to-understand guide, we will cover:

•  Who the HMCTS Historic Debt Team are.
•  Why this team was created.
•  What happens if they chase old court fines.
•  How you can repay your debts to them.
•  What to do if you can’t afford to pay.

Citizens Advice estimate households have around £18.9 billion in unpaid bills like council tax and utilities¹. So, concerns about debt and its implications are common.

But don’t panic; we’re here to help you. With our guide, you will find out how to deal with the HMCTS Historic Debt Team in the best possible way. Let’s dive into what your options are.

Will They Chase Old Court Fines?

Yes, when HMCTS Historic Debt Team was initially created they were aiming to collect fines over the previous ten years.

HMCTS’s March 2017 update said tracing had expanded to debts more than ten years old. That historical update does not mean fines only became enforceable after that expansion.

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But, Isn’t My Fine Statute Barred?

Limitation rules for ordinary civil debts do not provide a general six-year expiry for criminal court fines. Do not treat the age of a fine as a reason to ignore it. See related guidance, related guidance.

Criminal court fines are not covered by the ordinary six-year limitation defence for simple-contract debts. Check the conviction, balance and enforcement documents if you dispute liability.

Court fines are generally excluded from discharge through an IVA, DRO or bankruptcy. An adviser can help with other debts, but these procedures do not normally write off the fine.

If you dispute the fine, did not know about the proceedings or cannot afford it, contact the court promptly about the appropriate challenge or payment-review route.

What are the Consequences of Not Paying?

Court fines are priority debts. If you don’t pay a court fine, you could face serious legal consequences. For example, the court could:

• Take money from your benefits or your wages
• Deploy bailiffs to your home
• Register the fine

Committal to prison is subject to strict statutory conditions and a means inquiry. Genuine inability to pay is different from wilful refusal or culpable neglect. Attend any required hearing and obtain legal advice.

There are also added costs associated with not paying a court fine. For example, if bailiffs are sent to your home, you will be required to pay bailiff fees, on top of your debt. Or, if the court registers the fine, you will likely struggle to take out credit in the future.

Typical Bailiff Fees and Charges

I’ve put together this table to help you better understand the typical bailiff fees. For more information on how bailiffs operate, don’t forget to read our specialized guide.

Should I Ignore the Letters?

You should not ignore any request for payment from the HMCTS Historic Debt Team. If you believe the letter is not genuine, we have created a post to help you spot debt collector scams.

Do not rely on an old list of enforcement contractors to decide whether a notice is genuine. Verify the authority and case directly with the court through independently obtained details.

By ignoring these letters, you might have to pay more to cover enforcement agency costs. And remember, the HMCTS Historic Debt Team will listen to your repayment proposals if you can’t afford to pay the fine in a single payment. 

To avoid escalated fees and legal actions, contact the HMCTS Historic Debt Team as soon as possible.

How to Check if It’s Legit

If you have received a letter, email, or any other correspondence from HMCTS, you must ensure it is legitimate before making any payments. To check legitimacy, you should:

1. Cross-reference any contact details provided with the contact details on the HMCTS website.
2. Errors can be a warning sign, but spelling and appearance do not reliably prove or disprove authenticity.
3. A genuine enforcement notice can describe serious consequences. Verify the notice and legal authority rather than deciding solely from its tone.
4. Check the suggested payment method, e.g., don’t trust a letter that suggests an untraceable payment method.
5. Contact HMCTS directly to discuss your case.
6. Get free financial advice from a registered UK debt charity, such as StepChange, if you are unsure.

This forum user on MoneySavingExpert is concerned about a text message supposedly from HMCTS. In this case, it would be recommended to contact the National Payment Line using contact details on their official webpage (not the ones in the text) to discuss the issue further.

Will They Use Enforcement Agencies First?

The steps depend on the existing case and orders. A further steps notice can explain proposed enforcement and the applicable right to challenge it; do not assume enforcement must always start again from the beginning.

This notice outlines the action which will be taken if you don’t pay. Ultimately, it allows you to respond before enforcement agencies or other tactics are used against you. 

Check the notice’s appeal route and deadline immediately. Do not delay seeking advice while negotiating a payment plan.

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I Can’t Afford to Pay Them…

If the fine is unaffordable, contact the fines office with income and expenditure details and ask about a review or payment variation. Acceptance of a particular proposal is not guaranteed.

Will They Always Accept a Payment Plan?

A payment proposal may still be considered after referral to enforcement, but neither the court nor the agent must automatically accept the amount suggested. Check who is handling the account and request written confirmation.

Keep in mind that our financial expert, Janine Marsh, advises: ‘If a bailiff has proven you owe money and you don’t have cash to hand, you’re within your rights to suggest a payment plan. It’s not a guarantee, but many will accept this as it’s easier than repossession.

Once enforcement has started, the court may reject a direct payment. Confirm the correct payee and allocation before paying; paying the fine alone does not necessarily settle lawful enforcement fees.

Can I Make a Statutory Declaration (Section 14)?

A statutory declaration is not simply a way to reduce an unaffordable fine. If you did not know about qualifying magistrates’ court proceedings, a declaration under the applicable procedure may make those proceedings void, usually subject to a 21-day period from learning of them. Proceedings can restart. Ask the court promptly about the correct route and any late application.

How Do I Contact them?

The HMCTS Historic Debt Team provides their contact details in the letter they send out informing you of the unpaid fine.

Alternatively, you can discuss these debts by calling The National Enforcement Service. Their number is 0300 123 9252.

Tips on Communicating with them

If you cannot pay your debt instantly or need more information on the details of your debt, it’s important to communicate clearly and professionally with the HMCTS team to ensure all interactions are productive. For example, you should:

• Stay calm and collected.
• Keep records of your correspondence to ensure your rights are protected.
• Request written confirmation of any agreement you make over the phone.
• Ask for clarification if you need it.
• Have all of the necessary personal information and formal documentation to hand.
• Follow up if you haven’t received a timely response.

Historic Debts Contact Details