How long do bailiffs have to action a stress warrent?

[haribo09]

Hi just been thinking after my last thread and need ask how long bailiffs can take action against a warrent before it is deemed out of time?

 

Im asking as after many attempts to pay a court fine by installments it still has not been resolved and so now bailiff have visited my home to collect money or goods.

 

The warrent was given out 9/8/2008.

 

I have been told it is 180 days and if this is correct does this refer to the date of when bailiff started taking action or for the total process to be completed, i.e money or goods recovered?

 

Many Thanks guys

[p4ul]

180 days from the date of issue

[haribo09]

Thanks for the confirmation on that but it still has not really answered the question about wether it is from the date of issue or to total completion of warrent i.e all monies received.

 

Many Thanks

[p4ul]

as i said from the date of issue.

the warrent will have a date it was issued on it, it is from this day.

 

Ive not checked the calender but it should be up or very near

[tomtubby]

The Distress Warrant EXPIRE 180 days from the date on which it was issued.

 

This is provided for in the Contract between HMCS and the three bailiff companies contracted by them.

 

If the bailiff company refuse to accept payments then it is VITAL that you make a formal complaint about the actions of the bailiff company to the Magistrates Court that authorised the warrant.

[haribo09]

thanks tomtubby thats what I thought it was.

Another quick question is that the warrant was sent by court to marstons on 9/08/2008 now the baliffs are saying it was not put on there systems until 29/08/2008.

 

Please can you advise which date is used, the date it was sent from the court or the date baliffs documented the warrant on their systems?

 

Many thanks guys

[tomtubby]

The date of issue and it must be so otherwise a bailiff company with a huge backlog of work could put them in a drawer for a few weeks !!

 

I calculate that this Distress Warrant expire in 8 days time.

[haribo09]

Oh because I worked it out to be 4th feb, so expired about 2 weeks ago, would you mind just double checking the dates, maybe i made a mistake.

 

Even if they do insist on the day they logged it then it would of been 24th feb so still expired.

 

Many thanks

[tomtubby]

SORRY.

 

 

I was wrong....the warrant expired on 4th Feb 2009 !!

[PizzaMaker]

SORRY.

 

 

I was wrong....the warrant expired on 4th Feb 2009 !!

 

....but they can re-issue the warrant.

[tomtubby]

Hello stranger !!

 

You are of course correct tin that the warrant may be re-issued.

[palomino]

....but they can re-issue the warrant.

 

'they' can't do it : a warrant is issued by the Court. So 'they' will have to apply for another one.

 

An interesting point - possibly for TT : if they haven't exercised the warrant before it expired then will the Court take a dim view of this?

[haribo09]

I have had a bailiff visit me already to collect on 18th February but I had come out of hospital the day before from an op so they went away and said they would be back on 4th March. I called the court and got them to confirm the warrant date and then contacted the bailiff, I advised him of this and he said he would have to look into it and I would either hear from him or the court in due course.

 

Might sound strange but I do actually want the warrant returned to court as I have an agreement with them that if it is, they will inform me and allow me to pay the fine without any further consequences or charges.

 

Please advise on what will probably happen in this situation?

 

Many thanks

[haribo09]

Hi if palomino or tomtubby are available please you confirm info from my last post

 

Many Thanks

[tomtubby]

The court can re issue a Warrant.

 

However when the warrant is returned to the court it reverts back to the original amount. The bailiff fees are NOT included so you may then make arrangments with the Magistrates Court direct.