Warrant for arrest

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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bubblesdahling
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#1 Warrant for arrest

Post by bubblesdahling » 12 Oct 2017 12:51

Hello there... and sorry to hijack your thread, Amanda, but I didn't want to start a new one on the exact same subject.

Long story short... Last year, I paid my fine direct to the court after I got a letter/visit from the lovely people at Marston. I paid online and have proof. I emailed Marstons, let them know it had been paid and a few days later the bailiff turned back up, I told him I'd paid the court, he argued - and then I heard nothing more of it.

Then, over one year later, I get a letter from Marstons and HMCTS Surrey to tell me there's a Warrant out for my arrest, and that I owe £155. Despite me paying off the fine to the court. I hadn't heard anything about the fine for well over 12 months, so I assumed that me paying it off did the job.

So I phone up HMCTS Surrey to explain that I had paid all the money to the court... etc. etc. Initially, the lady seemed to agree with me - but then the letters kept on coming.

Today, some chap with "Arrest Officer" on his arm turns up at my house. What will my neighbors think! I didn't answer as I wasn't expecting anyone, but had a little look through the window. Then I definitely wasn't answering. He put some kind of Notice of Attendance through my letter box.

I didn't bother calling him - I instead called HMCTS Surrey to complain, *again*... This gets me nowhere, apart from angry.

From what I can gather, the court passed what I had paid them over to Marston, Marston took their fee - and then what was left went back to the court. So, I'm assuming the Bailiff fees are £155, which is a curious amount given how the Bailiff fees are supposedly structured.

On my phone to call to the HMCTS, I explained that I had paid the Court what the Court told me I owed them, and it was up to them what they did with the money when they receive it. But they seem disagree with me. I also find it very odd that it took them well over a year to get in touch with me. It seems like Marston and the courts are in cahoots so neither party loses out.

I hope I'm making at least a little bit of sense!

Who's in the right here?

Thanks in advance.

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Schedule 12
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#2 Re: Warrant for arrest

Post by Schedule 12 » 12 Oct 2017 16:45

Bailiffs cannot call themselves "officers" and cannot make "arrests".

The thing on his arm can be quickly removed in case of police seeing it. He himself would be arrested under section 90 of the Police Act. That is why its temporary apparel which they put on before approaching the address.

If you see him again, can you get a picture of him, and send it to me. Watch when he returns to a vehicle and see if he removes it. I would like you to contact me in confidence if you capture him on video. A certain official body is investigating matters similar to this and wants to know about bailiffs that breach the rules, but they ask for live cases, which I can only get from the helpline.
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bubblesdahling
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#3 Re: Warrant for arrest

Post by bubblesdahling » 12 Oct 2017 18:57

Thanks for your reply. Oh, I don't for a moment expect to be arrested by some yob in a white van. It's just somewhat irritating that they show up and sit outside my house like they have every right in the world. It's intimidation tactics, isn't it? Interestingly, the van he turned up in was little a mini little security van... it gave the look of someone who was coming to take you away. It would be interesting where he'd take me if I actually got in the van.

I was mainly keen to re-affirm that I'm right when I'm arguing the toss over paying direct to the court the original court fine. No money to Marston. What the court were owed, they were paid.

And for sure... if this chap does appear on my doorstep again, I'll video him on my phone. Thanks again.

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#4 Re: Warrant for arrest

Post by Schedule 12 » 12 Oct 2017 20:40

Bailiffs are not trained or insured to carry passengers in the van. They only have "Goods in Transit" insurance.

A Marston bailiff attempted an arrest and was nutted by the debtor who claimed self-defence. I've not seen an arrest attempt since, but I often come across bailiffs using police-like terminology to mislead debtors.

You must get it on video. You can go outside and approach the van and the occupants if you want, but keep the video running.

You must not get into a bailiffs van. They are not insured to carry passengers, and it's too dangerous for bailiffs to attempt it. A debtor can hijack the van, take the steering wheel or pull the handbrake. The bailiff has nowhere to take them and would be liable for kidnap.
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bubblesdahling
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#5 Re: Warrant for arrest

Post by bubblesdahling » 17 Oct 2017 18:16

Would a video of this "arrest officer" trying to force his way into my house without explaining what he's here for be sufficient?

bubblesdahling
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#6 Re: Warrant for arrest

Post by bubblesdahling » 17 Oct 2017 19:55

So, the dude from Marston showed up again today with the little "Arrest Officer" thing on his t-shirt -- it looked like it was actually stitched to his polo shirt, not a removable garment.

I managed to record the majority of this encounter on my phone.

I asked him what he wanted, he would only tell me if I confirmed my identity, which I refused. He then tried to force his way into my house using his feet and I slammed the door back on him. He called the police, they I arrive (really bloody quickly actually) , and I'm the one who's in trouble for assault... because I slammed a door on myself.

Keep in mind the court fine has actually been paid... a year ago.

It's the most ridiculous situation I've ever found myself in.

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#7 Re: Warrant for arrest

Post by Schedule 12 » 18 Oct 2017 11:48

This is a "no bail warrant". its a form of debtor tracing and wanted you to sign a document. You did the right thing by not giving anything away.

The "arrest officer" would have arrested you if he had the power to do so. That fact he didn't says quite a lot.

This might be a different fine, so get any evidence the fine has been paid, and if its a different fine, then you need to do a section 14 statutory declaration and kill the enforcement power.

If you have been arrested by police for closing the door on a bailiff, then contact me, I have a specialist law firm for dealing with false arrest and abuse of police power that can negotiate a settlement. I will need to see the charge sheet, police witness statements before I can make a referral. The solicitor can obtain the custody record and tell you whether you have a case and the expected award.
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bubblesdahling
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#8 Re: Warrant for arrest

Post by bubblesdahling » 18 Oct 2017 12:59

Hello. It's 100% the same fine. The reference number with Marston and the court is the same, and I've argued the toss with the HMCTS over it with very little success. I have all the receipts that show the court has been paid the original fine.

Marston man arrived at the house at roughly 17:30 - so the court would've been closed anyway (even if he could arrest me, which he can't). I did offer to get in his van just for the purpose of reaction, and he panicked.

As I mentioned, the police arrived because I slammed the door on him (and he had his foot in the threshold) - and it seems the man from Marston may have misrepresented himself, as the police seemed to think he had the power to arrest me and that he worked for the court (not on behalf of, for a private company).

I wasn't arrested - but, as mentioned, the police (3 in total) did show up to my house. I got some kind of caution (which I'm not happy about)... because I was stopping someone from entering my house.

I still need to phone to the court to clarify this, but the Marston man said I had to be at court on Friday (very inconvenient) and the policeman said that if I didn't show up, he'd be back with the "arrest officer" to arrest me. However, I've received no summons. All seems to be a bit of a joke.

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#9 Re: Warrant for arrest

Post by Schedule 12 » 18 Oct 2017 16:01

If you got a caution, it would have been done at the station. You were not arrested, so there's no caution given.

Ask to see the summons requiring you to attend court. You don't need to attend court unless summoned.

It looks like the bailiff is trying it on just to get a fee out of you, and that amounts to an abuse of police authority and the bailiff can be guilty of wasting police time. Its an offence under Section 5(2) of the Criminal Law Act 1967 which states (highlighted):
  • Where a person causes any wasteful employment of the police by knowingly making to any person a false report tending to show that an offence has been committed, or to give rise to apprehension for the safety of any persons or property, or tending to show that he has information material to any police inquiry, he shall be liable on summary conviction to imprisonment for not more than six months or to a fine of not more than level 4 on the standard scale or to both.
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bubblesdahling
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#10 Re: Warrant for arrest

Post by bubblesdahling » 18 Oct 2017 16:36

I'm not entirely sure what the outcome of it was to be honest. I think he called it a community resolution or something similar. That's an issue for another day.

I've spoke to the court/enforcement office or whatever it is they're calling themselves earlier, and apparently there is a hearing about this money that's owed, but again - I have no paperwork stating.

The lady I spoke with said the money I paid directly to the court (last year!) was passed over to Marston, and they took a £155 fee - the amount I now apparently owe. I explained that it was a bizarre amount for them to claim as a fee, given the fee structure. She didn't seem to know much about that.

Il est très bizarre!

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