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Arrest warrant for debt

20 replies

myroomisatip · 02/08/2013 18:05

My daughter's friend has been issued with the above by Bailiffs.

He has taken advice from a free debt helpline but is not willing to contact the Bailiffs on the number that they have given him.

I recommended that he goes to the local police station and explain that this is the first notification that he has received of this debt but he is worried he will be kept in a cell and won't be able to work tomorrow.

Does anybody have any idea how likely it is he would actually be arrested?

OP posts:
LadyMilfordHaven · 02/08/2013 18:07

Very.

why wont he call? He will be taken to court and have to explain self. Could be held in a cell

LaurieFairyCake · 02/08/2013 18:08

What type of debt?

I can't think of any debt you can be arrested for - maybe parking fines if ordered to appear and he didn't - but that's not arresting for debt, that's being arrested for failure to appear

LadyMaryQuiteContrary · 02/08/2013 18:08

Confused He can't be arrested for a debt, these are civil not criminal matters. The Police won't do anything. He needs to call the Bailiffs and set up an arrangement to pay. He may not be arrested but they can take his belongings and sell them to pay off the debt.

LadyMilfordHaven · 02/08/2013 18:09

for a court debt he can

NatashaBee · 02/08/2013 18:11

This reply has been deleted

Message withdrawn at poster's request.

LadyMilfordHaven · 02/08/2013 18:11

look at us lady mary- both poshos together Grin

ImTooHecsyForYourParty · 02/08/2013 18:12

You can get slung in jail for not paying your council tax, for starters.
And I imagine if somethings gone to court there is more they can do

LadyMilfordHaven · 02/08/2013 18:12

you can be subject to an arrest warrant not backed for bail if you didnt pay debts to the court - or even be sent down in lieu of payments that very day.

LaurieFairyCake · 02/08/2013 18:13

You can be arrested if you've not paid the court for council tax.

But it definitely wouldn't be the first he'd heard about it. They only arrest you if you agree to pay and don't and they think its deliberate.

You can also be arrested for fraud - again he would know if he'd been found guilty of the criminal offense of fraud

LadyMaryQuiteContrary · 02/08/2013 18:22

It does depend on what the debt is for. Generally speaking, only non payment of council tax can result in prison but they don't like doing this (as it costs a lot of money!). The vast majority of debts are civil matters.

ImTooHecsyForYourParty · 02/08/2013 18:23

Erm, just occured to me but he's not hinting or asking for money, is he?

myroomisatip · 02/08/2013 18:47

Thanks for your replies. Sorry to take so long to get back but lost my internet connection.

The fine was for unpaid train fare and he has obviously been burying his head in the sand over it.

He has plucked up courage and phoned the Bailiff who has said that if he will agree to attend Court at a date in August, to be agreed, then there is only a very small chance that anyone will turn up at his house. He has agreed to attend (I think I will probably go with him just to make sure!).

No chance of a loan from me Hecsy. Sadly his parents don't seem interested in helping him either practically or financially.

Thanks again everybody.

OP posts:
LadyMilfordHaven · 02/08/2013 18:58

oh god myroom he REALLY is a tit. He would have been given the chance to pay up to 2 weeks after

then a NIP and a chance to pay ( with surcharge). Then the chance to plead guilty in court and get a third off. A lot of railway cos will withdraw it at the court door too

he is a SERIOUS ostrich.....

he now will have a criminal record to boot

LadyMilfordHaven · 02/08/2013 18:58

did he know of the prosecution taking place? He hadnt moved and not got the NIP?

myroomisatip · 02/08/2013 19:20

His parents split up and he was homeless for a while. He does not know where previous paperwork was sent to and does not know how they found him at his Dads, or so he says!

I think he just hoped it would go away. When his Dad saw the notice he just laughed apparently. hhhmmmm :(

OP posts:
scrumpkin · 02/08/2013 19:31

He will definitely be arrested and the power of arrest will cease only when the debt has been paid. He needs to ring that number.

LadyMilfordHaven · 02/08/2013 19:32

if he didnt KNOW of the last prosecution he needs to get a free 15 mins with a solicitor who will advise that he can go and make a Statutory declaration that he didnt know, and then it will be set aside and they will start again.

But check

myroomisatip · 02/08/2013 19:43

Thanks Lady. I will look into that. I did advise him to write a letter to the Court setting out the circumstances.

Does anyone know if it will be a 'Court' as such, or just a few people sitting behind a desk? Obviously the latter being less intimidating, would be preferable.

scrumpkin, When he rang the Bailiff I heard the man at the other end of the phone assure him more than once that, if he agreed to go to Court, there was only a very small chance that anyone would turn up at his home. He stays with his Dad who lives in a flat and he really does not have anything that the Bailiffs would want to take. The debt is less than £1,000 (regrettable that an unpaid train fare can escalate so much) so hopefully the Bailiffs have bigger claims to chase. Actually I didnt mean hopefully as such but you know what I mean!

OP posts:
LadyMilfordHaven · 02/08/2013 19:43

well a court is a few people behind a desk

Dm me

McKenzie13 · 03/08/2013 18:41

I can see you pulling your hair out now! Smile

Court bailiffs are usually very nice people and not scary at all. You're better off with these sorts of bailiffs than the ones where the creditor has passed the debt on to a Debt Collecting Agency. (cue smart dressed men with baseball bats!)

I started my early part of my career in finance and repossessions (before moving into Family Law) so I know that one of the biggest problems creditors/court bailiffs face are people who put their head in the sane.

I'd urge him to contact Stepchange (if nothing else they are lovely and free). They will walk him through his finances and make an overall arrangement with him for all of his debts (I'm assuming that this isn't the only debt) In the immediate could you not contact the bailiffs on his behalf and try and negotiate with them?

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