urgent help!

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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crystal
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#1 urgent help!

Post by crystal » 10 Mar 2017 18:54

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My husband received a call from bailliffs saying he will be arrested at airport for nonpayment of council tax. The hearing is on 27th and we fly on 26th. Can they do it? The company called:NATIONAL WARRANT SERVICE, WARRANT OFFICE DATA SERVICE CENTRE, 17 HOMESDALE RAOD, BROMLEY, KENT, BR29LY

Many thanks! I am Ina desperate situation.

crystal
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#2 Re: urgent help!

Post by crystal » 10 Mar 2017 19:01

For somehow they knew our travelling plan and seems to stop us going, as we have tried to change the date and they said no!

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#3 Re: urgent help!

Post by Schedule 12 » 10 Mar 2017 20:47

Arrested at the airport?

Someone is cuckoo.

There is no regulation enabling Border agency to arrest someone because they have unpaid council tax arrears

The address 17 Holmesdsle Road is a private company. Capita. They do TV Licensing. It has no power of arrest. Enjoy your trip.
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crystal
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#4 Re: urgent help!

Post by crystal » 10 Mar 2017 21:25

Thanks so much for your reply! They posted a letter through our door for my husband's arrest warrant couple of days ago. They asked my husband to contact them which he did and they confirmed the hearing will on on 27th of March. My husband tried to changed the date of hearing either before or after our holiday and they said no. Then around 3 pm in the afternoon my husband received a call said to him that if he is trying to get out of this country on 26th of March, he will be arrested at airport and he hang up. My husband tried to call the number back but the line was not available. I could not figure out how did they know we are flying on 26th. We only have our little daughter as a small family, rather than my daughter's school we could not possibly think of telling anyone else our holiday plan. We certainly won't tell the bailiffs.

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#5 Re: urgent help!

Post by Schedule 12 » 10 Mar 2017 21:28

An arrest warrant is issued under section 8 of the Police and Criminal Evidence Act. The police don't just stick them through the suspect's door.

What is the hearing and at which court? What have you been charged with? That information will be on the charge sheet. It will also give the bail conditions setting the date the suspect must attend.

The hearing is listed for directions. They don't just list them knowing the defendant is not there.
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crystal
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#6 Re: urgent help!

Post by crystal » 10 Mar 2017 21:33

I've also come across of this webpage which made really worried. Could you please help me?
https://www.sundaypost.com/news/uk-news ... ng-the-uk/

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#7 Re: urgent help!

Post by Schedule 12 » 10 Mar 2017 21:37

If anyone can give the regulations for anyone owing a TV licence or council tax to be arrested at the airport, I am open to suggestions.

I've never seen it happen. There has been no practice note issued by the Ministry of Justice.
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crystal
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#8 Re: urgent help!

Post by crystal » 10 Mar 2017 21:49

We are prepared to pay them by attachment of earning and tried to contact the council. Their reply was unless we've paid them in full amount my husband's warrant will be valid. Does that mean untill all his debt been paid he is not allowed to leave this country?

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#9 Re: urgent help!

Post by crystal » 10 Mar 2017 21:56

The reason I am so desperate is because we are not really going on holiday. We are going to see my family which we've not seen them for 7 years simply because we cannot afford due to our nearly 5 years financial struggling. It seems like they just want to stop us going to satisfy their sick mentality.

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#10 Re: urgent help!

Post by Schedule 12 » 10 Mar 2017 22:08

Lets see the paperwork. Hide your personal details.
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crystal
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#11 Re: urgent help!

Post by crystal » 10 Mar 2017 22:31

Not too sure if I've done it right.
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#12 Re: urgent help!

Post by Schedule 12 » 10 Mar 2017 23:13

That is not an arrest warrant. A private company has made that on a computer. There is no seal at the top right of the document.

Phone the court and ask whether one has been issued. If not, then park it.

If you have council tax arrears, check the Beat the Bailiffs council tax enforcement checklist
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#13 Re: urgent help!

Post by Pote Snitkin » 10 Mar 2017 23:17

jasonDWB wrote:
10 Mar 2017 21:37
If anyone can give the regulations for anyone owing a TV licence or council tax to be arrested at the airport, I am open to suggestions.

I've never seen it happen. There has been no practice note issued by the Ministry of Justice.
Seeing as it's the property that's licenced rather than the person, and CT is a civil debt not a criminal fine, any notion of stopping people is horseplop.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

crystal
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#14 Re: urgent help!

Post by crystal » 10 Mar 2017 23:28

Thanks so much for all your information, I was in my tears the whole evening, worried about my husband to be arrested at the airport. I will ring the court to find out on Monday. We seriously have been thinking about cancel our ticket which was paid by my parents. Although still bit worried about the information on that webpage. I've also tried to ring Heathrow airport border agency to find out if it is the case that they have a list of people's name who have warrant for non payment of council tax.

crystal
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#15 Re: urgent help!

Post by crystal » 11 Mar 2017 00:10

As I have to wait for Monday to ask the court, I've got another question if the warrant is fake, will bailiffs still have the power to stop me at the airport? Saying they are waiting for us at the terminal and stop us as they know the date of our traveling?

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#16 Re: urgent help!

Post by GDB » 11 Mar 2017 09:03

They are trying to frighten you, the letter is designed to put the fear of God into you - and it has clearly done that.

You say they know you are going away, have you posted on social media etc?

How far behind are you on your CT?

What has happened up to now with the Council etc?

crystal
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#17 Re: urgent help!

Post by crystal » 11 Mar 2017 11:13

Thanks for your advise, I stopped using social media long time ago. As I said in previous post the only place I can think of is my daughter's school as I had to request absence from school. This CT under my husband's name was back to 2009 and I offered council to take over from him. As I am paying them by attachments of earning. They declined the offer and asked my husband to get touch with them which he did. My husband offered to pay them £250 per month at the end of this month, he also made payment of £110 at the beginning of Feb.

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#18 Re: urgent help!

Post by crystal » 11 Mar 2017 11:26

Sorry my husband offered to pay £250 every month until the debt had been paid, the first payment £110 was made in Feb and he will start to pay £250 around the end of every month. The council gave him his reference for his account and said to him untill the debt been paid by full, his warrant will still be valid.

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#19 Re: urgent help!

Post by GDB » 11 Mar 2017 11:37

Do you mean a "Liability Order" ?

What exactly are they going to arrest your Hubby for, you are making the effort to pay.

A liability order is not a warrant, the bailiff tried that with a friend of mine - she caught them out as she is an ex police officer.

Are you paying the Council direct?

I'm sorry to say that Bailiffs have a diploma in not being truthful, they are only interested in their fees!

I cannot see the bailiffs getting access to details from your kids school.

Have you been to Court?

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#20 Re: urgent help!

Post by Schedule 12 » 11 Mar 2017 11:44

That document ought to be handed into police with a written complaint of an offence under section 7 of the Fraud Act 2006.

I cannot find legislation that says magistrates issue arrest warrants in this way. When a suspect fails to attend following summons, the magistrate issues warrant to a constable to bring the suspect to court. Private companies cannot execute arrest warrants.
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crystal
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#21 Re: urgent help!

Post by crystal » 11 Mar 2017 12:00

Hi GBD, you can find the arrest warrant attached at previous post. It is not a liability order.
If they did not get the information from mu daughter's school, I cannot think of anywhere. My landlord? People at work? We do not have many friends around us.

crystal
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#22 Re: urgent help!

Post by crystal » 11 Mar 2017 12:01

So Jason you think I should hand the paper to the police?

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#23 Re: urgent help!

Post by Schedule 12 » 11 Mar 2017 12:11

With a written complaint of an offence under section 7 of the Fraud Act 2006.

If an genuine arrest warrant has been issued, you will find out.
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crystal
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#24 Re: urgent help!

Post by crystal » 11 Mar 2017 12:22

I am paying the council directly from my wages. We did attend the court back in 2012, and the judge told us to pay £300 per month which we could not possible come up with as I was working full time, and my husband had to stay home to look after my daughter. It is only now my daughter goes to school and enabled my husband to work. So he is making arrangement to pay the debt back.
We've been through really hard time for many years as no family around us to help with child care and we cannot claim benefit because my wages is over 22k. We moved to a very small flat to cut down the rent. We had to live on payday loan and take the camera and laptop to the shop.

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#25 Re: urgent help!

Post by Schedule 12 » 11 Mar 2017 12:35

If there is no prospect of paying off the council tax arrears, you can petition the council to exercise a discretionary write off.

Here is more: http://www.dealingwithbailiffs.co.uk/Co ... teOff.html
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#26 Re: urgent help!

Post by crystal » 11 Mar 2017 12:56

thanks jason, Everyone is so engrossed wth the fake arrest warrant on this forum that their minds have been distracted away from the real culprits; the council. Could the council staff exercise an unknown power to stop my husband leaving the UK. Maybe its the council not the bailiff. Is it possible that they could be attempting to build a case of culpable beglect?

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#27 Re: urgent help!

Post by crystal » 11 Mar 2017 12:57

culpable neglect sorry.

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#28 Re: urgent help!

Post by Schedule 12 » 11 Mar 2017 13:11

Culpable neglect is defined to be reckless without reasonable caution.

The council has a list of enforcement powers. None involve seizure of passports or prevention of travel.
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#29 Re: urgent help!

Post by crystal » 11 Mar 2017 13:20

yes the council interpret it as 'having money for a 'luxury holiday' whilst neglecting to pay them as a matter of priority.

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#30 Re: urgent help!

Post by crystal » 11 Mar 2017 13:24

Jason you have been such a brilliant help. Is there any chance we could have a mobile number so that on our day of departure and re-entry if we have any problems with this matter we could call you and hand you over to the thugs to deal with? We would of course pay you for your time.

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#31 Re: urgent help!

Post by crystal » 11 Mar 2017 13:32

i've managed to get the email council sent to my husband as below:

]Good Morning

I acknowledge receipt of your email.
I must make you aware that there is a live warrant of arrest in place for you and as the address held for you, as the address of xxxxxxxxxxxxx, is the address held for you the warrant officers will look to visit you at this address, If you no longer reside at this property you need to provide your current address and contact details so you are able to deal with the matters in your name directly.

You are aware from your attendance at court on xxx2013 that an order was made against yourself to make payments to your Council Tax Account in respect of the arrears and that the arrangement was backed by a suspended prison sentence. The responsibility for these payments is in your name. Any money taken from Ms s wages is in respect of other balances outstanding and is not being used to clear arrears in your name.

Any payments you make will reduce the balance outstanding, however as you have not made payment in accordance with the arrangement set by court the warrant will remain live. The reference number to make payments to is xxx


If you wish to surrender to the warrant you should engage with the warrant officer who is trying to contact you directly to arrange a date to attend court.

If you do not provide an up to date address for yourself and current contact telephone numbers then the Warrant Officers will need to continue to use the details they currently hold .


any advise please?

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#32 Re: urgent help!

Post by Schedule 12 » 11 Mar 2017 14:11

crystal wrote:
11 Mar 2017 13:20
yes the council interpret it as 'having money for a 'luxury holiday' whilst neglecting to pay them as a matter of priority.
I can send a council tax defaulter to Saint Lucia. That doesn't make them guilty of culpable negligence.
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#33 Re: urgent help!

Post by Schedule 12 » 11 Mar 2017 14:12

crystal wrote:
11 Mar 2017 13:24
Jason you have been such a brilliant help. Is there any chance we could have a mobile number so that on our day of departure and re-entry if we have any problems with this matter we could call you and hand you over to the thugs to deal with? We would of course pay you for your time.
You can get it here: Complete the form and put my number in your phone. http://www.dealingwithbailiffs.co.uk/fo ... ?id=16812l
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#34 Re: urgent help!

Post by Schedule 12 » 11 Mar 2017 14:22

crystal wrote:
11 Mar 2017 13:32


If you do not provide an up to date address for yourself and current contact telephone numbers then the Warrant Officers will need to continue to use the details they currently hold .


any advise please?
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crystal
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#35 Re: urgent help!

Post by crystal » 11 Mar 2017 15:12

Thanks Jason for your advise, we are flying on 26th. We will give you a call should we need your help. Thank you very very much, you've been very kind.

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