The importance of seeing
a copy of the warrant.
It is important to note that the Contract between HMCS and the relevant bailiff companies provides that an Enforcement Officer cannot enforce a Distress Warrant against you if it is more than 180 days old !!
If a bailiff has visited you to enforce a distress warrant for an unpaid Magistrates Court Fine there are legal provisions concerning
the bailiff showing you the actual Warrant. We have provided details
of the Statutory Legislation concerning this at the end of this
section which provides that:
• “A person executing a Warrant
of Distress must either show the warrant to the person
against whom the distress is levied, or
state where and how it can be inspected.
• It is not essential that the warrant be in the possession
of the person executing it at the time of execution.
• He must explain, in ordinary language, the sum for which
distress is levied and the reason for the distress.
• He must show documentary proof of his identity.
• A civilian enforcement officer or approved enforcement
agency (or employee, partner or director thereof) must provide
a written statement of their and their employer’s identities
and authority to a person against whom they execute a warrant”
Another very important point concerning the warrant is that for
Distress Warrants and Financial Arrest Warrants,
the relevant contracts provide that where the bailiff has failed to make contact with you on a first
visit (which of course attracts a fee!!), he is required to put
through your letterbox, a letter with the time and date of his
visit. He must also make a note of this letter on the Warrant
(which will be in his possession) and to include on the warrant
also: “any identifying marks of the address”…such
as the “specific colour of the door” as proof
that he made the visit!!!! This is most important when checking
the bailiff’s fees.
If the bailiff either refuses to provide you with a copy of the
Warrant or to let you see the Warrant, our advice, would be to
write a letter immediately to the
Court Manager at the Magistrates Court to complain. Please ensure
that you keep a copy of your letter and remember to send it by
Registered mail.
We frequently hear from individuals that bailiffs have refused
to show the distress warrant. If the warrant is in order, we cannot think
of a suitable reason for withholding this vital document.
NOTE:
We have a Help Line available on: 0906 802 0273
Please ensure that before telephoning us you read the Contact Us page
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