Distress Warrant Open

[V.DISTRESS]

hi,
today ive received a "distress warrant open" from philips bailift asking me to pay £400 for non payment of magistrates fine.

My situtaion is:
1/ i dont even have a clue for what magistrate fine as in the past as far as i know ive pais all my fines.
2/ Their is no date stating the reason/fine.
3/ As far as i know ive never been asked to go to court for any fine etc!!!

They gave me 7 days to pay or my stuff car, and belongings may be ceased and sell on auction for them to recuperate the money.

My situation also is not easy as it is my partner house, am often working away and ive got a baby. Most of the belonging in the house is own by my partner and am ver scared now they take her stuff as i hardly have anything. As far as i know her she always keep her receipts and bank statement.

In case they decide to take her belonging is their any chance to stop them?

Please i really need some great advice and help as at the moment am working far from home.

thank you very much

[frisp]

Re: Distress Warrant Open

Complain to your local citizens advice bureau is a good start.

Write to them and ask for details of the offence you are supposed to have committed if necessary send them a SAR. which puts the whole thing into dispute though they'll probably ignore that.

Instruct everyone in the house not to let any strangers into the house until you or your partner are there.

Include in your SAR the following

read the bailiff guide on this part of the forum

As for your right of entry: Under OFT guidance, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you and/or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited police attendance if need be.

Further if you wish to take the step of obtaining a Warrant I require under Civil Procedure Rules that you inform me by return in which court you will be making this request as I intend to present a defence. Further I will be requesting that the case is allocated to the county court in 'your home town'.

[Amy]

Re: Distress Warrant Open

Since this is a magistrates' fine, you do need to be very careful and the above will not apply. Bailiffs collecting unpaid magistrates' fines have far more powers. Have a read here for more details Bailiff Guide - Legal Beagles Consumer Forum

[V.DISTRESS]

Re: Distress Warrant Open

Yeah bailifts collecting unpaid magistrates' fines have more powers, but is there any chance for me to find out what the fine was about and how do i find this?

[Amy]

Re: Distress Warrant Open

You call the magistrates' court first thing Monday morning and ask them what, if anything, is outstanding against you.

[V.DISTRESS]

Re: Distress Warrant Open

assuming they say yes and tell me about the fine, what the next step should i do? should i explain to them my situation about being send a bailifts letter and that in the past never received any letter for any fine from the court etc?

[V.DISTRESS]

Re: Distress Warrant Open

the bailifts letter does not say which magistrate court, "they been structured by london south west". At the moment am trying to get in touch with the bailifts and hopefully they will contact me within 3h, hoping they should be able to tell me which court etc! Do you think i did the thing by contacting them?