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BAILIFF WARRANT Recalled !! Is Further action needed??

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  • BAILIFF WARRANT Recalled !! Is Further action needed??

    ok so a warrant has been recalled by the bailiffs firm is that the end to the process
    as these words were used in a communication ''for now'' in a forum reply - now that term is worrying!
    DOES That mean I HAVE to APPEAL further and Soon
    as per this information
    http://www.adviceguide.org.uk/wales/..._action_e.htm#

    regards
    L

    ........................................ All opinions are my own and cannot be taken as legal fact you have to check it all out for yourself
    .................................................. Im just happy to find tips or wrinkles ''stuff'' to be a help to those seeking ..... ....
    .................................................. ..My Jacobs fight @ MeningitisNow .org Support the Cause to find a Cure

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  • #2
    Re: BAILIFF WARRANT Recalled !! Is Further action needed??

    I am in a similar situation......will try and copy my post following this.

    Comment


    • #3
      Re: BAILIFF WARRANT Recalled !! Is Further action needed??

      I have been issued a notice of enforcement at my previous property by a bailiff company serving a warrant for an outstanding parking fine. This fine was issued back in October 2012. I received notification from the bailiff company on the 11/7/2014.
      Having no knowledge of the previous parking fine, yet confirming with the council that I had actually been issued the fine, I was able to pay the fine via the councils automated system successfully. This suggested that this May of compromised the agreement between council and baliff company as once it is passed on the council can no longer accept direct payment. With this said, the council were excellent in ensuring that the warrant was returned by the company and that my case was closed with them. (Verbal confirmation received by the admin at the bailiff company).
      Now, the bailiff that was enforcing the warrant spoke with me on the phone. He told me that I had no choice but to pay all charges to him including £235 for him attending the property (something he could only confirm verbally). Once I informed him that the matter was closed with his company and that the warrant had been returned, he still threatened to collect the £235 charge for visiting my property.


      Can he still do this? The fine has been settled with the council and the bailiff company have no longer got the warrant to enforce. I am still worried that he may look for me to recover this apparent charge.


      Any advice would be useful, perhaps I am panicking and I apologise if I haven't been too clear.


      Many thanks in advance for any help on this or for even reading the post.

      Comment


      • #4
        Re: BAILIFF WARRANT Recalled !! Is Further action needed??

        This is a point of much debate, and the one best placed to advise is Milo. You have effectively paid the fine, leaving the bailiff fees outstanding. Some say these are payable, some say they are not, it depends where you read.

        If someone on here tells you they are payable, as I would, for any legitimately charged fees, then there will be others on here and elsewhere that will tell you differently.

        Out of interest, which council is it, and what do they say about the outstanding EA's fees?

        Comment


        • #5
          Re: BAILIFF WARRANT Recalled !! Is Further action needed??

          Originally posted by lacs54 View Post
          ok so a warrant has been recalled by the bailiffs firm is that the end to the process
          as these words were used in a communication ''for now'' in a forum reply - now that term is worrying!
          DOES That mean I HAVE to APPEAL further and Soon
          as per this information
          http://www.adviceguide.org.uk/wales/..._action_e.htm#

          regards
          L

          Sorry. I should have responded to you sooner but things have been very busy today!!! In your case given the 'vulnerability' the enforcement fee of £234 is removed and the only fee payable is the Compliance fee of £75. I will contact you in the next day or so. The link that you provided is interesting and I will explain more tomorrow.

          Comment


          • #6
            Re: BAILIFF WARRANT Recalled !! Is Further action needed??

            Originally posted by Milo View Post
            Sorry. I should have responded to you sooner but things have been very busy today!!! In your case given the 'vulnerability' the enforcement fee of £234 is removed and the only fee payable is the Compliance fee of £75. I will contact you in the next day or so. The link that you provided is interesting and I will explain more tomorrow.
            aaaaaaaaaaaaahhhh

            cunning plan....milo ;] Im all :ear:'s

            ........................................ All opinions are my own and cannot be taken as legal fact you have to check it all out for yourself
            .................................................. Im just happy to find tips or wrinkles ''stuff'' to be a help to those seeking ..... ....
            .................................................. ..My Jacobs fight @ MeningitisNow .org Support the Cause to find a Cure

            Comment


            • #7
              Re: BAILIFF WARRANT Recalled !! Is Further action needed??

              lpscoops see next post
              Last edited by lacs54; 21st August 2014, 16:11:PM.

              ........................................ All opinions are my own and cannot be taken as legal fact you have to check it all out for yourself
              .................................................. Im just happy to find tips or wrinkles ''stuff'' to be a help to those seeking ..... ....
              .................................................. ..My Jacobs fight @ MeningitisNow .org Support the Cause to find a Cure

              Comment


              • #8
                Re: BAILIFF WARRANT Recalled !! Is Further action needed??

                Originally posted by lpscoops View Post
                I am in a similar situation......will try and copy my post following this.
                @ lpscoops I think you'd have better responses quicker if you make this a separate thread of your own as every case is different ; ]]]:beagle:

                ........................................ All opinions are my own and cannot be taken as legal fact you have to check it all out for yourself
                .................................................. Im just happy to find tips or wrinkles ''stuff'' to be a help to those seeking ..... ....
                .................................................. ..My Jacobs fight @ MeningitisNow .org Support the Cause to find a Cure

                Comment


                • #9
                  Re: BAILIFF WARRANT Recalled !! Is Further action needed??

                  Originally posted by Milo View Post
                  Sorry. I should have responded to you sooner but things have been very busy today!!! In your case given the 'vulnerability' the enforcement fee of £234 is removed and the only fee payable is the Compliance fee of £75. I will contact you in the next day or so. The link that you provided is interesting and I will explain more tomorrow.
                  I would tend to agree with what you say, Milo. It is my understanding that once a warrant is recalled, no further enforcement action may then take place as the EA's lawful authority to act has been withdrawn.
                  Life is a journey on which we all travel, sometimes together, but never alone.

                  Comment


                  • #10
                    Re: BAILIFF WARRANT Recalled !! Is Further action needed??

                    Not sure it would be a matter of withdrawal if the bailiff still had it more a matter of not being able to continue to enforce after they were made aware of the vulnerability.
                    Though i belies some courts do withdraw the warrants there is no legal reason why they should or mechanism where they can, they may seek confirmation of the alleged vulnerability.

                    Comment


                    • #11
                      Re: BAILIFF WARRANT Recalled !! Is Further action needed??

                      Originally posted by andy58 View Post
                      Not sure it would be a matter of withdrawal if the bailiff still had it more a matter of not being able to continue to enforce after they were made aware of the vulnerability.
                      Though i belies some courts do withdraw the warrants there is no legal reason why they should or mechanism where they can, they may seek confirmation of the alleged vulnerability.
                      If the warrant has been issued correctly and it is subsequently found that the defendant falls within the "vulnerable"category, the decision as to what happens is down to the court which issued the warrant. From dealings I have had with HMCTS Criminal Enforcement staff, they usually suspend all enforcement action on being informed of vulnerability and then make a decision as to what happens thereafter on receipt of evidence of vulnerability. If vulnerability is established, a decision can then be made to withdraw or recall the warrant.

                      I have known warrants to be suspended for up to 40 days. I also know that certain civil enforcement companies continue with enforcement action regardless after being informed that enforcement action is suspended and warrants recalled/withdrawn.

                      With correctly-issued warrants, the Judicial Review in the case of R -v- Hereford Magistrates Court ex parte MaCrae applies and means that such warrants cannot be withdrawn. However, this can be circumvented by calling a defendant into court for a Means Hearing, adjusting the payment schedule and withdrawing the warrant.
                      Life is a journey on which we all travel, sometimes together, but never alone.

                      Comment


                      • #12
                        Re: BAILIFF WARRANT Recalled !! Is Further action needed??

                        Originally posted by bluebottle View Post

                        With correctly-issued warrants, the Judicial Review in the case of R -v- Hereford Magistrates Court ex parte MaCrae applies and means that such warrants cannot be withdrawn.

                        However, this can be circumvented by calling a defendant into court for a Means Hearing, adjusting the payment schedule and withdrawing the warrant.
                        I recollect receiving information recently regarding changes that have been made to regulations in respect of R v Hereford. I will check this week and let you know.

                        Comment


                        • #13
                          Re: BAILIFF WARRANT Recalled !! Is Further action needed??

                          I believe that when vulnerability is proven, the fine is rolled back to the Compliance Stage and only the £75 fee is payable, the Enforcement Stage fee of £235 being removed.

                          Comment


                          • #14
                            Re: BAILIFF WARRANT Recalled !! Is Further action needed??

                            Would you be referring to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, by any chance? There are provisions within the Act that allow a case to be referred back to court. I recall it being proceeded by the JR in R -v- South Western Magistrates (on the application of Purnell) in which HMCTS's computer system and Means Form were slammed by the High Court as "not fit for purpose".
                            Life is a journey on which we all travel, sometimes together, but never alone.

                            Comment


                            • #15
                              Re: BAILIFF WARRANT Recalled !! Is Further action needed??

                              Great post with great information on here guys. Thank you for useful information.
                              Last edited by enaid; 26th August 2014, 06:27:AM. Reason: Link removed

                              Comment

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