Warrant for arrest

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Amanda31
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Joined: 06 Oct 2017 15:43

#1 Warrant for arrest

Post by Amanda31 » 06 Oct 2017 15:51

I have just had a letter put through my door from Marstons saying they have a warrant for my arrest regarding HMCTS Berkshire. I can only assume this is regarding a car that I sold back in 2015. I received a fine about no insurance on the car but had sold the car so wasn't down to me. Turns out the new owner didn't send off the form to say he was the new owner. ( never sold s car before but turns out I should have sent it but new owner said he would). I had to go to court to make a deceleration that I didn't own the car at the time the fine was given to me. That all went ok until I have just received this warrant of arrest. I'm so scared. I'm at home on my own with my 3 year old and am shaking so much. I really don't know what to do! Will the guy come back and arrest me?

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Schedule 12
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#2 Re: Warrant for arrest

Post by Schedule 12 » 06 Oct 2017 18:34

Marston terminology for "arrest warrant" is a no-bail warrant. Its, not an "arrest" because private companies cannot make arrests detain and interview suspects.

Bailiffs companies like to use police-like phrases such as "arrest" because it sounds more official. You are not going to be arrested by a company. Marston has already tried it and the "defendant" acted in self-defense after the "arresting officer" was head-butted.

This explains the legal position: http://www.dealingwithbailiffs.co.uk/Ba ... rrants.htm
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Amanda31
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#3 Re: Warrant for arrest

Post by Amanda31 » 07 Oct 2017 03:08

I'm so scared! What do I do now? Do I contact the guy that has left his mobile number on this 'warrant'? It was put in an envelope that he had written on saying 'contact to avoid arrest' and making a point of underlining the word arrest

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Schedule 12
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#4 Re: Warrant for arrest

Post by Schedule 12 » 07 Oct 2017 10:32

Do not make contact. They will mess you about.

This document is used when Bailiffs don't know where you live and put it in a number of addresses to see if it gets a response. It's a form of phishing.

If you know what the offence is then deal with it either by a section 14 or pay the fine online to extinguish the enforcement power under the warrant of control
There is no "warrant of arrest" out for you.

If you want me to speak to the bailiff and obtain the origin of the offence then set up a telephone consultation and i can work to stop the enforcement power.

http://www.dealingwithbailiffs.co.uk/fo ... ?id=16812l
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Amanda31
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Joined: 06 Oct 2017 15:43

#5 Re: Warrant for arrest

Post by Amanda31 » 07 Oct 2017 10:48

I have no paperwork for the fine anymore as I thought it had all been dealt with when I attended court last year. Do what do I do if they turn up again? I'm a single mum of 3 children and cannot pay the fine in full. I'm not even sure how much it is for. I will contact the court on Monday but I'm so scared to even make a sound in my house over the weekend in case the guy returns

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Schedule 12
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#6 Re: Warrant for arrest

Post by Schedule 12 » 07 Oct 2017 12:14

A single mum of three is classed a vulnerable person. The bailiff cannot

1. Take control of goods.
2. Recover fees.

If you don't know what the offence is, and you cannot assume its a previous one, you must find out which court issued the fine. The fact you don't know how much the fine is is evidence you were not aware of the proceedings. The law says those proceedings are invalid and you can extinguish the enforcement power and the conviction by making a declaration under section 14 of the Magistrates courts Act 1980. That puts the fine and the bailiff to bed.

If a bailiff turns up, then NEVER EVER open the door. Once the door is opened, the game is over. It doesn't matter if you have the entire police force and a SWAT team outside, that door remains LOCKED SHUT. Communicate through a window or through the door and get it all on video using your mobile. Tell them you are recording everything and ask them to quietly leave.

If a bailiff or a police officer commits an offence, a video is an irrefutable evidence.
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Amanda31
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#7 Re: Warrant for arrest

Post by Amanda31 » 07 Oct 2017 12:43

LOk so I've just this minute received another letter through the door (have attatched a photo). What do I do? 😩
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Schedule 12
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#8 Re: Warrant for arrest

Post by Schedule 12 » 07 Oct 2017 15:28

If you don't know what the conviction is about then make a section 14 declaration to HMCTS Berkshire as soon as you can. The "officer" does not have a power of arrest. He would have knocked the door. He did "hit & run" and hopes you will admit your name and address so he can report back to HMCTS. The "arrest warrant" is an unofficial method of tracing missing debtors.

If the magistrates court wanted you to attend, it can summon you. That document is not a summons. A company has made it using a computer.
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Amanda31
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#9 Re: Warrant for arrest

Post by Amanda31 » 07 Oct 2017 16:30

Ok thank you so much for all of your help

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