Dealing with a distress warrant

[feistyfairy]

Re: Dealing with a distress warrant

Thank you everyone who has looked at our dilemma and commented, if there is anything else you can think of please let me know

[bluebottle]

Re: Dealing with a distress warrant

He may know how to barbecue a cabin boy. Let's turn this 360 degrees and turn the tables on the bailiffs as social workers could do us all a favour by taking bailiffs children away on the ground that the bailiff is a compulsive liar, and sets a bad example to the child. Perhaps Marstons would like to put that in their Meersahaum and smoke it

On the other hand, he may know how to roast a Marston bailiff or, at the very least, singe their buttocks.:santa2:

[bluebottle]

Re: Dealing with a distress warrant

Thank you everyone who has looked at our dilemma and commented, if there is anything else you can think of please let me know

The email to the Area Enforcement Team is the main priority. If you can, get that off tonight so the team pick this up tomorrow morning. Make sure you include contact telephone numbers. The other priority is the Statutory Declaration, but wait and see what the Area Enforcement Team say. It may be worth your boyfriend asking for a Means Hearing, especially if his circumstances have changed since the fine was imposed.

A few questions -

1. What offence did your boyfriend commit to incur the fine?
2. Was he in court when the fine was imposed?
3. Were his means examined before the fine was imposed?

If the fine relates to anything originating from DVLA or TV Licensing, was he told by DVLA or TV Licensing not to attend the court hearing?

[bizzybob]

Re: Dealing with a distress warrant

Quoted BB above"If the fine relates to anything originating from DVLA or TV Licensing, was he told by DVLA or TV Licensing not to attend the court hearing?"

This is becoming very common, as in making it like a guilty plea by post for a Road Traffic Offence, peoblem is DVLA and TV Licensing (AKA Crapita) are doing this to garner income, and the court proceedings are a bulk nod trough that may well breach ECHR guidelines on right to fair trial, they along with the obtaining of Council Tax Liability Orders are now in effect a kangaroo court.

DVLA are a quango fit for culling, and Crapita need to be castrated as in broken up or wound up for the public good, they have too many fingers in the government process to be safe from their wrongdoings.

[bluebottle]

Re: Dealing with a distress warrant

Quoted BB above"If the fine relates to anything originating from DVLA or TV Licensing, was he told by DVLA or TV Licensing not to attend the court hearing?"

This is becoming very common, as in making it like a guilty plea by post for a Road Traffic Offence, peoblem is DVLA and TV Licensing (AKA Crapita) are doing this to garner income, and the court proceedings are a bulk nod trough that may well breach ECHR guidelines on right to fair trial, they along with the obtaining of Council Tax Liability Orders are now in effect a kangaroo court.

DVLA are a quango fit for culling, and Crapita need to be castrated as in broken up or wound up for the public good, they have too many fingers in the government process to be safe from their wrongdoings.

It is a breach of Article 6, Human Rights Act 1998 for DVLA and TV Licensing to deprive a person of their right to a fair hearing by telling them not to attend a court hearing. The fact that Crapita are involved is immaterial as any body corporate carrying out functions on behalf of the State is subject to the Act as well as government, whether it be central or local government. With this in mind, there is nothing to prevent private sector bailiff companies, acting on behalf of CSA, HMRC and local authorities from being held liable under the Act. I have no doubt they will howl that they are exempt or not liable, but the reality is that they are amenable to the Act.

[bizzybob]

Re: Dealing with a distress warrant

The reason they get away with it is apathy by the general population towards their rights and a general switching off due to the grey faceless characterless impression politicos give, and their efforts to disengage from any meaningful interaction with those they are elected to SERVE.

Feisty fairy would be well advised to consider your questions above regarding DVLA or TVL

[feistyfairy]

Re: Dealing with a distress warrant

I have emailed the Area Enforcement Team with the complaint, it was for a driving offence and he was in court when the fine was imposed, I don't know if a means test was carried out as he really was not coping with his mother's death at the time

[feistyfairy]

Re: Dealing with a distress warrant

Having carried out some research online, can somebody clarify this for me 'when the bailiff discovered that you have moved, regulations actually require the bailiff to return the warrant back to the court and a collection order is re-sent by the court'?

I have really got the bit between the teeth on this one because of the actions and threat of this Marston bailiff and I am ensuring that my boyfriend is not going to hounded by this parasite.

[bluebottle]

Re: Dealing with a distress warrant

Having carried out some research online, can somebody clarify this for me 'when the bailiff discovered that you have moved, regulations actually require the bailiff to return the warrant back to the court and a collection order is re-sent by the court'?

I have really got the bit between the teeth on this one because of the actions and threat of this Marston bailiff and I am ensuring that my boyfriend is not going to hounded by this parasite.

Correct. In the case of a distress warrant issued by a magistrates court under the Criminal Procedures Rules 2011, where it is found that a defendant has moved home, the bailiff is required to return the warrant to the court or, at the very least, notify the court and seek further direction. What bailiffs are not permitted to do is carry on regardless or change the details on the warrant without the authority of the court.

With regards to magistrates courts proceedings, there is a stage within a hearing called Antecedents where a defendant's means are examined by the court and it is from the defendant's antecedents that the fine is set. Also, did your boyfriend tell the court he had recently suffered bereavement, or was he given the opportunity to enter any mitigation during which he would have had the opportunity to inform the court of his loss. Was the case heard by a magistrate sitting alone or were there two or three of them sitting?

[feistyfairy]

Re: Dealing with a distress warrant

I have found some loop holes, can somebody please advise me if we can use any of these to help my boyfriends case:

1. he did not receive the Collection Order or Further Steps Notice as required by law as he had moved from the address he was fined at?
2. he has had a change in financial circumstances since he was fined?
3. the bailiff will not email a copy of the Distress Warrant to him as he has not got the authority to?
4. my boyfriend's mother died in February and he is still grieving?

[CleverClogs]

Re: Dealing with a distress warrant

Regardless of what the Marstons moron might say, he is not permitted to seize you to sell to a sheik as a sex slave in settlement of your boyfriend's debt.

[bizzybob]

Re: Dealing with a distress warrant

Regardless of what the Marstons moron might say, he is not permitted to seize you to sell to a sheik as a sex slave in settlement of your boyfriend's debt.

No matter what the oaf claimed, if he got frisky or othewrise tried to manhandle or assault or threaten you, I would consider a knee in the groin as being "reasonable " force to defend yourself, and the police should be called to drag the muppet away with his hands bound by cable ties.

[bluebottle]

Re: Dealing with a distress warrant

I have found some loop holes, can somebody please advise me if we can use any of these to help my boyfriends case:

1. he did not receive the Collection Order or Further Steps Notice as required by law as he had moved from the address he was fined at? Did he inform the court of his change of address? If not, the warrant has been correctly issued.
2. he has had a change in financial circumstances since he was fined? The court should not unreasonably refuse a Means Hearing. If his circumstances have changed, they should not refuse.
3. the bailiff will not email a copy of the Distress Warrant to him as he has not got the authority to? Marstons have an abridged version of the warrant they can send to your boyfriend. He can ask to view the actual court warrant at the court and such requests must not be unreasonably refused.
4. my boyfriend's mother died in February and he is still grieving? This needs to be checked with the Area Enforcement Team. There is a period up to which a defendant is considered to be "recently bereaved".

Responses in red text.

[seroj]

Re: Dealing with a distress warrant

Wounder if someone can advise.
Just had a Statutory Demand hand delivered by bwlegal which it dates 28th of November for sum of over 10k which i think might be mbna dating back to over 7 years ago. of course the original sum was much less.
Its a sum that its impossible to pay at this stage of my life.
Wounder if there is anything I can do.
Thanks for your help.

[MissFM]

Re: Dealing with a distress warrant

Hi Seroj to Legal Beagles

There is lots of help here as you have seen but it would be a very good idea to start your own thread (just go to the top, click start New Thread, and your off!)