Arrest warrant question

Deb_S_2

I have just had a panicked phone call from my friend saying he got home from work and there is a note from her majesty's court service telling him they called to execute a warrant for an unpaid fine.

He doesn't know anything about a fine and certainly hasn't received anything asking for payment of a fine. Not been to court or anything like that. There are contact details for a warrant officer and a request to call them.

I did note the names are John & Tom as opposed to PC Barnaby etc.

Should he just ring the number on the warrant notice or go to the police station to find out what's going on? I am pretty sure the person serving the warrant won't know the details.

Any help is appreciated

happy_bunny_2

More likely a warrant to remove goods by bailiffs rather than a police matter.

Might want to call them as I suspect they will be back.

No expert on this kind of thing, luckily...

*Foolish*

Someone else will probably better advise you, but I don't think the Police have anything to do with these types of warrants.

Best bet is it give them a call, as they'll more than likely return.

GeorgeMcC_2

If he googles the telephone number you can sometimes come up with a company name which will give him a better idea of who he is dealing with although i agree it does sound like bailiffs

Deb_S_2

Thanks all. Call to police station confirms no warrant out for his arrest. Cheeky sods making the paperwork look like police are after him!

ILW

I would suspect baliffs rather than police.

fermi

If an actual fine via the magistrates court then ---> http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=13_magistrates_court_fines#chapter6

princeofpounds

Read this:

http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/debt_bailiffs_e/how_to_stop_bailiff_action.htm

It is not talking about an arrest warrant. It will be talking about a warrant of execution (luckily not in the worst usage of that word!) or something similar. Worth checking it is genuine of course.

EDIT: Sorry I gave you the wales link by accident, but the England one should be almost identical, there's a box to change it.

hallowitch

was their any info on the letter left by the bailiff

as in the reason for the fine and the court that issued the distress warrant

if their is nothing I suggest your friend phones the bailiff company (please record the call as they will be very reluctant to provide this info because they lose out on £300 in bailiff fees )

you want to know the date of the warrant the address on the warrant and the issuing court
your friend can then send/take a statutory declaration to the court
they have 21 days from first being aware of the fine to do this

this was taken from another site (the consumer action group)

If you were unaware of the fine being issued or correspondence had gone to a previous address, then the ONLY way to get this debt away from the bailiff and returned to the court is by way of a Statutory Declaration. A valid statutory declaration will REVOKE the distress Warrant and all bailiff fees will then have to be removed.

A Statutory Declaration can also be made AFTER a person has had to pay a bailiff to avoid the removal of their goods.

It is important to be aware that a Statutory Declaration should be submitted within 21 days of becoming aware of the fine.

This will need to be sworn in front of a solicitor and should cost just £5. The Statutory Declaration must then be either faxed to the Magistrates Court where the fine originated from or taken there in person.

The bailiff MUST then withdraw all enforcement.

The following is a template Statutory Declaration.


I:
Ms Smith of: 1, The Street, Anytown, Anywhere. Post Code.

DO SOLEMNLY AND SINCERELY DECLARE THAT:

I had no prior knowledge of any correspondence from xxxx Magistrates Court following an offence on (enter date) for (enter offence ie; exceeding the speed limit). From information provided to me today by the Magistrates Court I am informed that a hearing for this matter was held in my absence where I was fined (enter amount) with costs of (enter amount) and that (ie; my licence was endorsed with three points).The reference number for this case is: (enter case number)

AND THAT:

Notification of this fine first came to my attention on (enter date) when a bailiff from Marston Group Ltd came to my home and gave a letter to my mother. This letter stated that he was in possession of a distress Warrant dated (enter date) and that he required a sum of (enter amount) within 3 days failing which he would return with a locksmith.

I would like to advise the Court that I am suffering from (enter health problems if any). In addition, I am receiving medication for ie; (severe depression etc) and have been under the care of a counsellor.

My financial position is that I am in arrears with my mortgage and I am in discussions with my electricity and gas provider as I am currently facing disconnection. I also have arrears with credit cards and loans.

I genuinely do not remember receiving documentation concerning this fine.

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

DECLARED AT:

SIGNED:

DATE:

Before me:


Solicitor/Commissioner for Oaths:

Deb_S_2

Thanks all for the replies.

It is a fine for non payment of a penalty from the DVLA for not declaring the sale of a vehicle back in 2008 or 2009.

He lived at a different address then and this would account for not receiving any notifications.

The notice of sale to a trader was sent to dvla (I know as I sent it for him). He moved just after the paperwork was sent and never thought about it again.

The original fine seems to be for something like £80, but they want £250 with all the fees on top. I am hopeful that using the above information, he can get these fees reduced

Deb_S_2

Just to clarify, the note left by the men that called at the house does say "Arrest warrant for non payment of fine".

Guaranteed to make you panic!