'Arrest Warrant Notice' - Rossendales

[PadPaws]

Hello all. I stumbled across this site and very much hoping you can help, this seems like an extremely knowledgeable forum!

This morning, my husband went out to see if we'd had post and found an envelope on the doormat of our communal hall. It had: "Flat X URGENT" scrawled on it; so something hand delivered. Inside was the following:

'ROSSENDALES

The warrant officer has today attended with a Leicester Magistrate's Court Arrest Warrant to arrest you.

To avoid further visits and your immediate arrest, please contact the Warrant Officer: Barry Scott URGENTLY on the following telephone number xxxx xxxxxxxx or contact Rossendales on 01706 833019 quote reference xxxxxx

DO NOT DISCARD THIS NOTICE.'

Now...

1) We have no idea what this is in reference to. To our knowledge, we have received no prior communication from this company and have no outstanding priority debts or court orders against us.

2) It seems to me like a trick of a debt collector, however (nasty past experience), so I came online and did some searching. That's how I ended up here.

3) Is there any truth in this? I thought only the police could arrest someone, not a bailiff? Is this actually just a trick to make us contact them?

As yet, I haven't done anything about the letter - I'm just trying to figure out what it might be about before I do something I can't take back in future. (I made the mistake a few years ago of letting a bailiff in, totally without realising I didn't need to, so I'm extra cautious before doing anything now).

Upon looking around this forum, I saw I should check if this 'Barry Scott' is certificated. (Isn't Barry Scott the Cilit Bang guy?). Nothing has come back on that as yet online, and I'm waiting for the Ministry of Justice to return my call.

Besides that, not a clue what to do. Do I call the Magistrate's Court to see if there is a genuine arrest warrant? Do I call Rossendales? As I said I don't know what this is about and have received no prior communication.

Any help greatly appreciated, am more than a little churned up by this. x

[Sapphire]

Re: 'Arrest Warrant Notice' - Rossendales

I'd call the court first you'll probably find its a Rossendales trick to get you to call them.

Lets see what the court says first though.

[PadPaws]

Re: 'Arrest Warrant Notice' - Rossendales

Right, after a lot of messing around, here's the basics:

The council claim we have a debt on council tax (we do not know the amount) from 2006-7. Confirmed today.

They claim there was a court hearing (of what type or saying what we don't know, they just told us to contact Rossendales) in March 2008. We were not aware of this.

We moved from the address in question due to mobility access needs in April 2008. However we continue to claim HB/CTB at this address so the council have known where we are the entire time and could have contacted us beforehand.

We now have had a bailiff visit and post this small letter saying he was here to arrest my husband based on this council tax debt. To our knowledge we have had no further contact from Rossendales before today's letter.

Now I don't have a clue what to do or where to go and I'm terrified Rossendales are going to come back and try and seize goods. I don't know what to do. What's the next step now we know the situation? Contact Rossendales? The council were completely unhelpful and just kept pushing us to contact Rossendales. I... I don't know which way is up right now.

[TUTTSI]

Re: 'Arrest Warrant Notice' - Rossendales

Have a good read here of the Bailiff guide, this might give you a better indication of your next move and do not panic.

Although I am not experienced in this field I guess you are going to have to send a SAR (Subject Access Report) to the council to find out about this debt, with how much you owe etc.

I guess you should also be contacting the Bailiffs as well advising that this matter is in now dispute as you never received any documentation about this. keep everything in writing.

Someone with more knowledge will pop along and help you further. But in the mean time do start reading up http://www.legalbeagles.info/forums/...ad.php?t=14168

Tuttsi

[Amethyst]

Re: 'Arrest Warrant Notice' - Rossendales

Have a look at this letter to send to the bailiffs Legal Beagles

The hearing will have been a liability order hearing. If it was all addressed to the old address and the council are fully aware of the change of address then they should take that into account when accepting installments.

You have to actually refuse to pay ( wilful refusal or culpable neglect ) council tax for a magistrate to pass any sentence, so dont worry about the arrest warrant part. Have that letter handy in case they come round again.

[Guest]

Re: 'Arrest Warrant Notice' - Rossendales

Right, after a lot of messing around, here's the basics:

The council claim we have a debt on council tax (we do not know the amount) from 2006-7. Confirmed today.

They claim there was a court hearing (of what type or saying what we don't know, they just told us to contact Rossendales) in March 2008. We were not aware of this.

We moved from the address in question due to mobility access needs in April 2008. However we continue to claim HB/CTB at this address so the council have known where we are the entire time and could have contacted us beforehand.

We now have had a bailiff visit and post this small letter saying he was here to arrest my husband based on this council tax debt. To our knowledge we have had no further contact from Rossendales before today's letter.

Now I don't have a clue what to do or where to go and I'm terrified Rossendales are going to come back and try and seize goods. I don't know what to do. What's the next step now we know the situation? Contact Rossendales? The council were completely unhelpful and just kept pushing us to contact Rossendales. I... I don't know which way is up right now.

You need to find out the amount of council tax that you allegedly owe. Do not ask the bailiffs this, because they will lie to you. Contact the council, in writing and ask them to confirm the sum allegedly owing.

The court hearing was very likely to grant the Liability Order. You are not required to attend this hearing and you should only attend if you wish to dispute the granting of a Liability Order. You do have the right to attend the hearing and present your defence, however there are very few defences against the granting of the Liability Order and unless you have a valid defence for non-payment, Magistrates will have no option than to grant the Liability Order anyway, making attendance a waste of your time.

Only if you have previously been summonsed to Court to answer the council's application for your committal to prison for non-payment of council tax and you fail to attend, will the Magistrates' Court issue a warrant for your arrest. Since you have not received a warrant, but a threat of one, I suspect this is because the debt has apparently been outstanding since the Liability Order was granted in March 2008.

Your next step is to write to the council. Do not be tempted to telephone them because it is easier. Get everything in writing in order that there can be no doubt about what has been discussed and agreed. This also forces them to deal with your situation properly, because there will be a paper trail. Remember that this situation has escalated due to the blithering incompetence of the council, from whom you receive HB and CTB yet they apparently have failed to contact you regarding this alleged debt, despite clearly knowing all the pertinent details.

If you should receive a visit from Rossendales, do not allow them to enter your home. They will lie, cajole and persuade. For example, they will tell you it is cold and can they come in to discuss it. Let them freeze. Speak to them only through a closed door, or an upstairs window and then only to tell them to leave. Only a police officer or authorised warrant officer can be instructed to execute a warrant of arrest and you will be bailed to attend Court on a given date. Bailiffs recovering debts do not have the power to order your arrest or to carry it out. If they threaten you with arrest or imprisonment, this is harassment and you should complain.

Once you have composed your letter to the council, feel free to post it here for further advice. Then, get it sent to them, or hand delivered if possible due to the parlous state of our postal service and make sure you obtain a receipt.

[tomtubby]

Re: 'Arrest Warrant Notice' - Rossendales

Hello all. I stumbled across this site and very much hoping you can help, this seems like an extremely knowledgeable forum!

This morning, my husband went out to see if we'd had post and found an envelope on the doormat of our communal hall. It had: "Flat X URGENT" scrawled on it; so something hand delivered. Inside was the following:

'ROSSENDALES

The warrant officer has today attended with a Leicester Magistrate's Court Arrest Warrant to arrest you.

To avoid further visits and your immediate arrest, please contact the Warrant Officer: Barry Scott URGENTLY on the following telephone number xxxx xxxxxxxx or contact Rossendales on 01706 833019 quote reference xxxxxx

DO NOT DISCARD THIS NOTICE.'

UNLESS...(which is most doubtful) this bailiff has got an arrest warrant then I am shocked that he would leave a letter such as this. If no warrant exists, then I would seriously suggest that a letter of sent to the Chief Executives office at the local authority stating that you wish to make a FORMAL COMPLAINT against the bailiffs as they are acting in the capacity of AGENTS for the local authority.
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Bailiff Advice Online.