Warrant of arrest.

[MissFM]

Re: Warrant of arrest.

As a matter of interest (NOT advice to OP) - if the OP did choose to get arrested and go to prison, would the debt then be wiped?

[Guest]

Re: Warrant of arrest.

Have you read the text highlighted in red above? :scared: :scared: :scared: If you do not attend, you will be arrested and brought before a judge in a police van , and you could end up spending TWO WEEKS IN JAIL!

This has gone much further than the stage where you could arrange an informal payment plan with the claimant, anything you arrange will have to be done through the court.

There is something about this that does not sound quite right IMO, is it possible for the OP to copy the actual letter ?

[PlanB]

Re: Warrant of arrest.

The letter reads:
TAKE NOTICE: A warrant for arrest has been issued against you in the above action (MFS Portfolio) committing you to prison for 14 days.
Further take notice that this warrant may not be executed if you attend at the baliffs office on 18/10.
If you do not attend you will be arrested and bought before a judge without further notice and with the help of police if necessary and in a police van.

Nice, huh? As I said, I now live about two hours away and can't make the date. Would I still be able to settle with the original claimant - possibly with a payment plan before that date?

Contempt of Court means you've disobeyed the court not the claimant. The court ordered you to do something and you didn't do it. The court is so angry at your non-compliance with the court's order that the court wants to send you to prison unless you've got a jolly good reason why they shouldn't. This is nothing to do with the creditor so paying them won't necessarily make any difference although a judge would be happy to hear it. You've upset the court.

Having said that prisons are rather overcrowded and the court may be happy to hear what you have to say in preference to locking you up.

[bizzybob]

Re: Warrant of arrest.

Contempt of Court means you've disobeyed the court not the claimant. The court ordered you to do something and you didn't do it. The court is so angry at your non-compliance with the court's order that the court wants to send you to prison unless you've got a jolly good reason why they shouldn't. This is nothing to do with the creditor so paying them won't necessarily make any difference although a judge would be happy to hear it. You've upset the court.

Having said that prisons are rather overcrowded and the court may be happy to hear what you have to say in preference to locking you up.

Then again they may release some thug to make room for OP, as they regard contempt as more serious than murder.

[ploddertom]

Re: Warrant of arrest.

Rather than make all doom & gloom and because of the distance involved it would be much more sensible to contact the Court/Bailiffs Office concerned and speak to them in the first instance. They may be able to transfer this to a Court nearer to you or just allow you to attend there.

[FlamingParrot]

Re: Warrant of arrest.

As a matter of interest (NOT advice to OP) - if the OP did choose to get arrested and go to prison, would the debt then be wiped?

I'm not a lawyer but I very much doubt it, because debt is a civil matter. The arrest and imprisonment would be for contempt of court, which is a criminal matter and nothing to do with the debt itself but with ignoring communications from the court and/or refusing to appear in court.

[MissFM]

Re: Warrant of arrest.

Thank you. I just wondered because I was under the impression that there used to be a choice between paying court fines and going to prison

[PlanB]

Re: Warrant of arrest.

if the OP did choose to get arrested and go to prison, would the debt then be wiped?

I got a committal order against my ex-husband for non payment of maintenance. He paid the money, got a right telling-off from the judge (I so enjoyed watching that bit op2: ) who regrettably didn't send him to prison on that occasion. But he never paid maintenance late after that humiliation :nono:

[Inca]

Re: Warrant of arrest.

Rather than make all doom & gloom and because of the distance involved it would be much more sensible to contact the Court/Bailiffs Office concerned and speak to them in the first instance. They may be able to transfer this to a Court nearer to you or just allow you to attend there.

Makes perfect sense PTom,,,didn't know one could do that...another little gem..thankyou.

[FlamingParrot]

Re: Warrant of arrest.

Thank you. I just wondered because I was under the impression that there used to be a choice between paying court fines and going to prison

I remember this being the case, however, this debt is not for court fines, it appears to be a CCJ for an MBNA card.

[bizzybob]

Re: Warrant of arrest.

I remember this being the case, however, this debt is not for court fines, it appears to be a CCJ for an MBNA card.

But the failure to attend the oral hearing would frame the contempt, Op needs to contact the court sort that then and argue the toss on the bottom feeding DCA getting a CCJ on a SB debt

[CleverClogs]

Re: Warrant of arrest.

It seems to me that it is odd that the bailiffs should threaten a term of imprisonment set at 14 days without the alleged debtor having been sent down by a judge.

[bluebottle]

Re: Warrant of arrest.

Thanks for the advice so far.

The letter reads:
TAKE NOTICE: A warrant for arrest has been issued against you in the above action (MFS Portfolio) committing you to prison for 14 days.
Further take notice that this warrant may not be executed if you attend at the baliffs office on 18/10.
If you do not attend you will be arrested and bought before a judge without further notice and with the help of police if necessary and in a police van.

Nice, huh? As I said, I now live about two hours away and can't make the date. Would I still be able to settle with the original claimant - possibly with a payment plan before that date?

Are you sure this came from the Enforcement Office at a court? Was any legislation quoted on the notice? In my experience, if a Committal Order is issued, the bailiffs will come out and arrest you. They won't give you time to contact the bailiff. There is something not right about this. Any chance of scanning the document and posting up, so that we can examine it, please?

[bluebottle]

Re: Warrant of arrest.

It seems to me that it is odd that the bailiffs should threaten a term of imprisonment set at 14 days without the alleged debtor having been sent down by a judge.

Exactly , Cloggy. You have to be given the opportunity to purge your contempt and it is the judge who decides how long you should spent in clink.

[labman]

Re: Warrant of arrest.

OP - any chance of scanning up the letter? A few have asked now, and things do seem not quite in order.

Also, have you done anything in the past couple of days re contacting them to get it moved to a more local court?