Warrant of Control/Distress

[mcg]

Just received a letter out of the blue from Marston's stating they have a warrant for a unpaid fine from over 6yrs ago and less then £600.

Can they chase old debts and also have a warrant for less then £600?

[Amethyst]

Re: Warrant of Control/Distress

I believe the £600 limit is only on county court judgment collections as opposed to magistrate court fines - do you know what the fine was for originally ? as that may affect whether it could be statute barred as well.

[mcg]

Re: Warrant of Control/Distress

Altercation with a traffic warden - public order

[ploddertom]

Re: Warrant of Control/Distress

Is it a Notice of Enforcement they have sent?

[mcg]

Re: Warrant of Control/Distress

Yes; Notice of Enforcement

[ploddertom]

Re: Warrant of Control/Distress

Criminal Court Fines do not become Statute Barred and from what you say you know about it so probably cannot submit a Statutory Declaration. If they are asking for £600 then it sounds as if the original fine was £525 - when it was first heard did you attend Court & submit a plea? It does sound as if you may have to try and negotiate a payment proposal with Marston but be warned they may only offer it over 3 months maximum. If you do not contact them within the time frame they give it could be handed out for a visit & they will then add another £235 to the debt. You should also note that Court fines carry the power of forced entry without prior notice.

[mcg]

Re: Warrant of Control/Distress

Actually could be a past traffic offence; I don't Know?!

States - A Warrant of control has been issued by Her Majesty's Courts & Tribunal Service.
Distress Warrant

What is a Statutory Declaration?

[ploddertom]

Re: Warrant of Control/Distress

Firstly there is now no such thing as a Distress Warrant - sounds as if someone is using old paperwork. Before going on to a Stat Dec can I ask if you know anything about an old Court Hearing or Summons?

[mcg]

Re: Warrant of Control/Distress

It states 2011; can't remember what i did yesterday.

[ploddertom]

Re: Warrant of Control/Distress

OK. The problem with submitting a Stat Dec is that you would be declaring you have no knowledge at all of any proceedings against you. If it can be proved that you did have knowledge - then you could be summonsed for Contempt which can carry a custodial sentence. I would suggest if you know which Court it was heard at you contact them to find out all about it first. With it being so long ago they may not have records any more and refer you to the Historic Debt Team. Was the Court listed on Marstons paperwork?

[mcg]

Re: Warrant of Control/Distress

No not on the paperwork...