distress warrant issued

Josie64

my son has just phoned me saying that he has had a letter from
philips specialist bailiff and debt recovery agents, it is a distress warrant for non payment of a magistrates court fine (for not having a tv licence)

he is unemployed and lives with his partner who is also unemployed. We cannot afford to lend any money to pay it. The annoying thing is we kept giving my son money every week and thought he was paying it when it was just a fine from the court, before it turned into a CCJ.

anyone else had any dealings with this debt company, my son seems convinced that because it is a distress warrant that the door will be broken down and goods will be seized.

they live in private rented , what can my son do?

thanks

fatbelly

Josie - it's not a ccj. This is a 'criminal' fine from the Magistrates' Court. As such it is the exception to the rule that a bailiff cannot force entry on a first visit. They now do have that legal right but would probably not use it. This is now about pressure to pay, and the bailiff racking up their fees.

Follow this factsheet and get your son to give National Debtline a ring before contacting the bailiff

Factsheet | Magistrates' Court Fines


He does have a TV licence now?

geoffky

Tell them not to admit not having one next time,,,the idiot who comes to your door has a much power as your paperboy..tell them to get lost..

Josie64

thanks fatbelly, he's contacted Debtline, but just had a quick read myself, just wondering why didn't the court do a deduction from benefits in the first place?

vax2002

How on earth did he get in such a mess.
You need to teach him that giving his name to contracts and agreeing to represent the contract in court and signing things is a very foolish thing to do.
The lad needs some very urgent advice on life matters or he wont get very far in this world I am afraid.
All he had to do was shut the door ?
Why did he give his name ?
The bailiffs wont break down any door, they will politely ask for the money or goods to cover and if ignored or he has no money he will be committed to prison.

fatbelly

Josie64 wrote: »

thanks fatbelly, he's contacted Debtline, but just had a quick read myself, just wondering why didn't the court do a deduction from benefits in the first place?

Because he didn't respond to them?

sgtbush

From July 2005, bailiffs collecting fines have the power to break in to your home and other premises to take your goods even if they have not been into your home before. The new rules say this is power should only be used if it is reasonable to do so. It is not likely that bailiffs will use force to break in but it is possible under the rules. They are more likely to gain entry by peaceful means such as by getting through an open door or window or by you letting them in. It is no longer safe to try to avoid bailiffs coming into your home by refusing to let them in.

Some household items like beds and bedding, clothes, books and/or tools of your trade are exempt and cannot be taken. Goods that belong to other people cannot be taken either. You must then either pay the debt or arrange instalment payments with the bailiff (if possible). The bailiffs will often ask for high instalments as they have time limits to recover the debt. If no payment arrangement is made the bailiff can return to take your goods and they may then break in if necessary.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=13_magistrates_court_fines#chapter8

sgtbush

If the bailiff is pursuing you for an unpaid fine of a criminal nature…then the answer unfortunately is... yes. However, this is more of a threat and during the past year it would appear that bailiffs forced entry into a property to enforce a Distress Warrant on less that 10 occasions.

The right for bailiffs acting on behalf of the Magistrates Court the power to “enter and search any premises” for the purpose of executing a Warrant of Distress was granted under Paragraph 3 of Schedule 4A of the Magistrates Courts Act 2004. This provision was also then inserted into the Domestic Violence, Crime and Victims Act 2004.

The right to force entry however only applies to the collection of unpaid fines which are criminal matters.

It is important to note that these rules do not apply to the collection of unpaid council tax, business rates, unpaid parking and congestion charge notices, CSA arrears etc. The rules only apply to unpaid fines administered in the Magistrates Court.

http://www.bailiffadviceonline.co.uk/magistrates_canthebailiff.htm

Josie64

fatbelly wrote: »

Because he didn't respond to them?

he was at court when the fine was first issued and he was on benefits at the time.

sgtbush

the easy answer is pay the fine-- magistrates court fines are priority debts, if its in the hands of philips then there will be strict guidelines on how long the courts are willing to accept for your son to pay the fine-- the fact that it has gone to the bailiffs will look to the courts as unfavorable as he has made no effort- been late or missed payments, if he has infact made any at all. It is a criminal offence not to pay magistrates fines and a bench warrant could be issued for his arrest to make him answer in front of a judge for non payment, if it gets to this stage, expect jail time for the non payment

sgtbush

ill add--- that when people moan and groan about bailiff companys not willing to accept very small payments, its NOT the bailiff company, its the clients wishes, be it the council or court system, im fed up to the back teeth of people assuming its the bailiff company setting the repayment rates, its not.
in short- pay the fine or he might do the time for it, if you cannot afford the repayment terms set by the COURTS not the bailiff company then the warrant of distress will be handed back to the courts as unenforcable and the courts will then decide what to do, more than likely issue an arrest warrant for him
sorry for the bad news but if people who commited a crime and paid the fine, bailiff companys wouldnt excist