BAILIFF WARRANT Recalled !! Is Further action needed??

[Guest]

Re: BAILIFF WARRANT Recalled !! Is Further action needed??

Yes as i far as i know the warrant cannot be withdrawn, if it were withdrawn of course there would be no compliance stage fee as this circumstances of course is the first stage of enforcement.

[Guest]

Re: BAILIFF WARRANT Recalled !! Is Further action needed??

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.

Interesting but not really relevant to this case i would have thought ?

[bluebottle]

Re: BAILIFF WARRANT Recalled !! Is Further action needed??

Yes as i far as i know the warrant cannot be withdrawn, if it were withdrawn of course there would be no compliance stage fee as this circumstances of course is the first stage of enforcement.

If a warrant has being incorrectly or wrongfully issued due to errors on the part of HMCTS, then, accordingly, it can be withdrawn. The most frequent reason for withdrawal or recall of a warrant that I know of is where an alleged debtor knew nothing of any court hearing or fine until one of the four civil enforcement companies under contract to HMCTS gets involved. Some courts are very efficient and have a warrant recalled/withdrawn within an hour of being advised of its erroneous/wrongful issue.

[Guest]

Re: BAILIFF WARRANT Recalled !! Is Further action needed??

If a warrant has being incorrectly or wrongfully issued due to errors on the part of HMCTS, then, accordingly, it can be withdrawn. The most frequent reason for withdrawal or recall of a warrant that I know of is where an alleged debtor knew nothing of any court hearing or fine until one of the four civil enforcement companies under contract to HMCTS gets involved. Some courts are very efficient and have a warrant recalled/withdrawn within an hour of being advised of its erroneous/wrongful issue.

Yes we know but is this relevant in the OPs case, i thought we were talking about a claim of vulnerability. As I understand it the warrant has not been incorrectly issued.

[Guest]

Re: BAILIFF WARRANT Recalled !! Is Further action needed??

I think it needs clarifying that vulnerability restricts the enforcement of the warrant t does not mean that the warrant is no longer in place, or may not be enforced if circumstances change or prove to be different than those reported by the debtor.

[bluebottle]

Re: BAILIFF WARRANT Recalled !! Is Further action needed??

I think it needs clarifying that vulnerability restricts the enforcement of the warrant t does not mean that the warrant is no longer in place, or may not be enforced if circumstances change or prove to be different than those reported by the debtor.

It all depends on the circumstances of the case, vulnerability and whether a defendant's means need to be re-examined. If a defendant is called back into court for a Means Hearing and the payment schedule is varied, this, in itself, can result in the warrant being withdrawn.

[Guest]

Re: BAILIFF WARRANT Recalled !! Is Further action needed??

It all depends on the circumstances of the case, vulnerability and whether a defendant's means need to be re-examined. If a defendant is called back into court for a Means Hearing and the payment schedule is varied, this, in itself, can result in the warrant being withdrawn.

Firstly the re estimation of a means of a debtor has nothing to do with vulnerability, my mother in law is 95 years old and totally in firmed and has about 1.5 mill in the bank.

As usual the issue is being obscured with irrelevancies, as I understand it the OP wishes to know if the warrant can still be enforced, the answer is yes if there is doubt as to the matter of vulnerability, if it cannot be enforced it will probably be returned to the court, this is not the same thing as it being recalled.
.

[bluebottle]

Re: BAILIFF WARRANT Recalled !! Is Further action needed??

Firstly the re estimation of a means of a debtor has nothing to do with vulnerability, my mother in law is 95 years old and totally in firmed and has about 1.5 mill in the bank.

As usual the issue is being obscured with irrelevancies, as I understand it the OP wishes to know if the warrant can still be enforced, the answer is yes if there is doubt as to the matter of vulnerability, if it cannot be enforced it will probably be returned to the court, this is not the same thing as it being recalled.
.

If EAs become aware or are made aware that a defendant falls within the vulnerable category, they are under a duty to notify the court that issued the warrant and for court staff to make a decision. Normally, the warrant and enforcement action will be suspended whilst a decision is being made. During that time, no enforcement action may take place as the EA's authority to act is also suspended.

[Guest]

Re: BAILIFF WARRANT Recalled !! Is Further action needed??

If EAs become aware or are made aware that a defendant falls within the vulnerable category, they are under a duty to notify the court that issued the warrant and for court staff to make a decision. Normally, the warrant and enforcement action will be suspended whilst a decision is being made. During that time, no enforcement action may take place as the EA's authority to act is also suspended.

Sounds about right, although I have not seen any procedures laid out anywhere for this.

[lacs54]

Re: BAILIFF WARRANT Recalled !! Is Further action needed??

WOW you folks are amazing...what knowledge.. its true truth makes you free.. Reading and absorbing your posts.... i have been mulling this allover....All I can think of is that I missed a important procedure I should have followed
I sent in my appeal and evidences [out of time] to Blackpool Magistrates court against the CCJ for recovery of the huge fine with Marstons being the recovery Bailiff
--and I got the letter back stating the local Magistrate/Judge sent the case back saying that he didn't have the power to make a judgement
I missed the importance of the last sentence giving a time deadline for either parties to appeal that judgement back to Northampton
However I did ring the 'local Magistrate Courts Clerk to query the letter they had sent me and she stated that the that was that there was nothing else to do the ''judge had thrown it out''... and I naively trusted her.:tinysmile_cry_t:

I SHOULD HAVE KNOWN that I too had to re-apply for the original order to be quashed and resend in all my evidences
So it must be that the local authority reapplied to have the fine reinstated or possibly the bailiff did it but the NEW bill was from a different bailiff {Jacobs] and not Marstons
And the local authority or the original Bailiff understanding the procedure exactly then reapplied to the court :tinysmile_cry_t: and the sneekie devils got it re issued. So for me an ordinary pleb with NO History of anything to do with Police or Law never even had a conversation with Police officer or been stopped in my car nothing What chance did I have of knowing the right pathway.... well I do now. For next time as I really feel that Blue Badge holders are particularly vulnerable to the varigarties of a Traffic Wardens mood... we seem to be especially targeted here in a hol iday location By Lancashire county Council wardens
One of my mates got a PCN For displaying her badge Upside down...truth.... She was in a rush to get her meds from a chemist on a saturday moring before they closed she was in pain and just.. did it... Oh yes she won on the local level appeal but see what I mean. It happens a LOT here My PCN ''offence'' was caused by a personal emergency due to my medical condition but it was still rejected at a local level..

Ive been given a final date for the cancer removal Next thursday and honestly I'm terrified and hopeful!? 2 months not being able to lift anything heavier than a kettle and up to 12 months of recovery Trying to get the last ends of my personal affairs sorted out
[including the will]
IS there anything I should be doing with this now Milo...

[lacs54]

Re: BAILIFF WARRANT Recalled !! Is Further action needed??

If a warrant has being incorrectly or wrongfully issued due to errors on the part of HMCTS, then, accordingly, it can be withdrawn. The most frequent reason for withdrawal or recall of a warrant that I know of is where an alleged debtor knew nothing of any court hearing or fine until one of the four civil enforcement companies under contract to HMCTS gets involved. Some courts are very efficient and have a warrant recalled/withdrawn within an hour of being advised of its erroneous/wrongful issue.

yes I did not get any notification from LCC or the Parkwise arm of ther PCN recovery debt... about a rejection of my appeal letter. and the fine then rising to 71 pounds... UNTIL I got a CCJ and the letter from Marstons...

[bluebottle]

Re: BAILIFF WARRANT Recalled !! Is Further action needed??

With local authority PCNs, the LA applies to the Traffic Enforcement Centre (TEC) at Northampton CCBC for a charge certificate which then authorises the LA to issue a warrant for recovery. There is specific legislation that covers PCNs - Road Traffic Debts (Certificated Bailiffs) Regulations 1993 (as amended) - which enables certificated bailiffs, like Marstons, to recover the outstanding amount. As such, only a County Court bailiff, one employed directly by HMCTS, is legally-permitted to enforce a CCJ. Some CCJs, however, are enforced by High Court Enforcement Officers (HCEOs). These are normally debts of £600+ transferred to the High Court for enforcement at the request of the creditor. Debts of £5,000+ must be transferred to the High Court for enforcement.