Advice needed distress warrant

[worriedandindebt]

Hi

I need some advice re a distress warrant for unpaid magistrates fines

A man arrived on my doorstep today with a distress warrant, i called police who arrived and informed me i did have to let this man in, I was trying to get my son ready for school at time and was worried if i left house he could enter it whilst i wasnt there. On discussion with him and panic over having items removed from my house i made a part payment just to get him out of my house. He has said if i cant the full payment within next few days he can remove items from my house.

I have now looked into this and see there are some exceptions to getting it returned to court for those who are vulnerable. I am currently unemployed and on ESA as being treated for depression and anxiety, obviously this has greatly worsened my condition and im feeling very down but the old fighter in me has come to the fore.

Any one have any advice if i can do this with courts if so how or have i buggered it up by paying some money?

[bluebottle]

Re: Advice needed distress warrant

Which police force is involved, please? What the officers did is totally wrong and unlawful.

Also, have you received a letter called a Further Steps Notice? This is a legal requirement prior to involving bailiffs. Do you also know which bailiff company is involved, please?

[worriedandindebt]

Re: Advice needed distress warrant

Hi Blue Bottle

The POlice force is Luton, Bedfordshire, Company is Marston.

I dont remember receiving a letter further steps notice though i may have in all honesty

[worriedandindebt]

Re: Advice needed distress warrant

I forgot to mention that i told said bailiff i was being treated for depression several times

[bizzybob]

Re: Advice needed distress warrant

What was the debt for, was it a court fine? Marstons are a wholly nasty bunch.

[worriedandindebt]

Re: Advice needed distress warrant

Hi Bob

Yes it was a court fine for not taking my son to school while he was being bullied, Id refused to pay original fine but then it went to court and I had become ill during this period and unfortunately dismissed the whole matter in my head until this morning.

[Somecamel]

Re: Advice needed distress warrant

Did you go to court for the hearing? Who fined you originally?

[labman]

Re: Advice needed distress warrant

Hi Blue Bottle

The POlice force is Luton, Bedfordshire, Company is Marston.

I dont remember receiving a letter further steps notice though i may have in all honesty

Is there any way you can check on this as it makes a big difference as to how this issue is progressed please?

[bizzybob]

Re: Advice needed distress warrant

If you haven't had a Final Steps notice, then HMCS is remiss in passing the account to Sharkstons without first sending one to give you the opportunity to catch up.

[bluebottle]

Re: Advice needed distress warrant

Bedfordshire Police can be a funny lot in terms of a number of things, particularly motor insurance. There have been cases of them refusing to return vehicles they have seized, allegedly for not being insured, even when presented with a valid certificate of insurance.

As Bizzybob says, if you have not received a Final Steps Notice, HMCTS are in breach of the law and so could be Marstons.

[worriedandindebt]

Re: Advice needed distress warrant

Did you go to court for the hearing? Who fined you originally?

I did not go to the court the original fine was from educational welfare office then luton magistrates court

[worriedandindebt]

Re: Advice needed distress warrant

Is there any way you can check on this as it makes a big difference as to how this issue is progressed please?

Ive gone through my mail and have not found the letter would that have come from the court if so would they have to show me a copy of the letter if i went there? Or would i have to officially request it?

[labman]

Re: Advice needed distress warrant

Have a read here. Under 'About Distress Warrants' it tells you what to do:

http://www.legalbeagles.info/forums/...s-Courts-Fines

[worriedandindebt]

Re: Advice needed distress warrant

thanks Labman it looks a visit to the court is in order tomorrow along with proof of my current medical status and a request to see final steps notice. I also checked the register for bailiffs the one who visited me was not on there by first name, surname or under Marston Group. I will the number listed on link in the morning to see if he has ever been granted certification.

Thanks to everyone for their advice i will update as to what happened in the courts

[worriedandindebt]

Re: Advice needed distress warrant

Hi All,

Just an update i got fobbed off by the courts wont recall etc etc. I have decided to pay fine amount of by card over internet to firm and was wondering would bailif be able to force me to pay his still visit my house and collect good? if not allowed anyone know the actual law on it? i.e. has anyone ever taken a bailiff to court if they have removed goods after the warrant sum was paid?