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Court enforcement officer visit

sevenhills
sevenhills Posts: 5,938 Forumite
Part of the Furniture 1,000 Posts Name Dropper
edited 4 March 2022 at 8:00PM in Debt-free wannabe
I had a visit today from a magistrates court enforcement officer. He came to see my daughters boyfriend, they live in my house.
They are broke, stopped paying me a few months back. I am assuming the visit was due to a debt, he does also get letters from Moorcroft debt collectors.
The officer mentioned putting an arrest warrant out for him, then left without seeing him. Not sure if they gamble.
Is he likely to be arrested and locked up, over a debt?

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Comments

  • sourcrates
    sourcrates Posts: 31,681 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 4 March 2022 at 8:01PM
    Moved to the DFW forum.

    What is the debt for ?

    Because if its a court fine, then, although most likely an idle threat, it could be a possibility.

    On the other hand if its a consumer credit act related debt then no, you can`t go to prison for that kind of debt, not since the mid 19th century, when they were termed "workhouses".

    I assume it was a county court bailiff, so this must have been to court and a judgement awarded, and the creditor has taken further enforcement action in the vain hope of getting paid, is that about right ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • sevenhills
    sevenhills Posts: 5,938 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    I assume it was a county court bailiff, so this must have been to court and a judgement awarded, and the creditor has taken further enforcement action in the vain hope of getting paid, is that about right ?
    He said Magistrates court. I don't know what it was about, he hardly goes out of the bedroom.

  • sourcrates
    sourcrates Posts: 31,681 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper

    I assume it was a county court bailiff, so this must have been to court and a judgement awarded, and the creditor has taken further enforcement action in the vain hope of getting paid, is that about right ?
    He said Magistrates court. I don't know what it was about, he hardly goes out of the bedroom.

    That sounds more like a court fine than a debt to a company, he probably should deal with it before it gets out of hand.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Sncjw
    Sncjw Posts: 3,567 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Yiu say they ar ebroke and he hardly comes out the bedroom. Does he work at all?  
    Mortgage free wannabe 

    Actual mortgage stating amount £75,150

    Overpayment paused to pay off cc 

    Starting balance £66,565.45

    Current balance £58,108

    Cc around 8k. 

  • sevenhills
    sevenhills Posts: 5,938 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sncjw said:
    Yiu say they ar ebroke and he hardly comes out the bedroom. Does he work at all?  

    No, he did work for a short time a couple of years ago. The enforcement officer did say that he comes across this sort of person often.
  • Well by letting him live with you free of charge he is not getting any encouragement to either work or claim benefits.

    It sounds as though he could have mental health problems but is he seeing a doctor?

    You won't be affected if he is arrested and what ever happens don't bail him out by paying up.
    If you go down to the woods today you better not go alone.
  • sevenhills
    sevenhills Posts: 5,938 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Well by letting him live with you free of charge he is not getting any encouragement to either work or claim benefits.

    It sounds as though he could have mental health problems but is he seeing a doctor?

    You won't be affected if he is arrested and what ever happens don't bail him out by paying up.

    Its not a happy situation, I won't be paying their bills. I will try to make their stay less comfortable.
    They were in money troubles at their last residence, although they cited other issues for moving out.
  • Jude57
    Jude57 Posts: 740 Forumite
    Ninth Anniversary 500 Posts Name Dropper
    Could it possibly be an unpaid Council Tax debt for a previous address? That's one of the few debts for which people can be imprisoned and it is dealt with by Magistrates Courts. While the likelihood of actually, physically, being imprisoned is fairly low, the likelihood of an arrest warrant being issued to get the debtor to Court is not. It's even more likely if the Magistrates have agreed that the debtor pays the debt, direct to the Council, by regular payments and the debtor defaults.

    It's important the young man deals with this, whatever the debt is for. Arrest warrants are no joke. Police will execute arrest warrants for low priority (to Police) things like Council Tax when they aren't busy elsewhere, so very early morning on, say a Saturday or the Thursday before a Bank Holiday. When I worked in Council Tax recovery, it wasn't unusual for a debtor to be held in cells over a weekend and dealt with on the Magistrates next working day, so potentially four days in custody. Tell him that, and put the fear of God into him. Also point out that a prison sentence doesn't clear a Council Tax debt, it would still be payable and he'd have a prison record to live with ever after.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Jude57 said:
    Could it possibly be an unpaid Council Tax debt for a previous address? That's one of the few debts for which people can be imprisoned and it is dealt with by Magistrates Courts. While the likelihood of actually, physically, being imprisoned is fairly low, the likelihood of an arrest warrant being issued to get the debtor to Court is not. It's even more likely if the Magistrates have agreed that the debtor pays the debt, direct to the Council, by regular payments and the debtor defaults.

    It's important the young man deals with this, whatever the debt is for. Arrest warrants are no joke. Police will execute arrest warrants for low priority (to Police) things like Council Tax when they aren't busy elsewhere, so very early morning on, say a Saturday or the Thursday before a Bank Holiday. When I worked in Council Tax recovery, it wasn't unusual for a debtor to be held in cells over a weekend and dealt with on the Magistrates next working day, so potentially four days in custody. Tell him that, and put the fear of God into him. Also point out that a prison sentence doesn't clear a Council Tax debt, it would still be payable and he'd have a prison record to live with ever after.
    If the court officers were out for council tax, it should only be after a warrant has already been granted. It sounds here like an unpaid fine where the court office is going to refer it to the court for a warrant.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • fatbelly
    fatbelly Posts: 23,047 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    I had a visit today from a magistrates court enforcement officer. He came to see my daughters boyfriend, they live in my house.
    They are broke, stopped paying me a few months back. I am assuming the visit was due to a debt, he does also get letters from Moorcroft debt collectors.
    The officer mentioned putting an arrest warrant out for him, then left without seeing him. Not sure if they gamble.
    Is he likely to be arrested and locked up, over a debt?

    The boyfriend will know what this is. Ask him.

    We can advise once we know what it is, if he asks us.
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