Why do the EA's not have to show a warrant

[Leakie]

In a few threads it has been stated that the EA does not have to show a warrant or copy of

 

It would save a lot of problems if they presented either of the above

why do they not need this?

[Bailiff Advice]

In a few threads it has been stated that the EA does not have to show a warrant or copy of

 

It would save a lot of problems if they presented either of the above

why do they not need this?

 

I have written in the past on this same subject. To reiterate, approx 18 months ago an individual wrote to HMCTS on this same subject and received a very detailed reply. For ease of reference, I have broken down their response into separate headings:

 

When is a distress warrant/warrant of control 'generated'?

 

"It is not necessary to generate a distress warrant at the time of its issue; the relevant details can be produced (and provided to the debtor) subsequent to its issue (or indeed subsequent to its execution) but such relevant details should be recorded at the time of issue"

 

Who issues the distress warrant/warrant of control?

 

"Designated Fines Officers have the power to issue Distress Warrants/Warrants of Control under schedule 5 of the Courts Act 2003, a court hearing is not required for this sanction to be issued".

 

Is the bailiff/enforcement agent required to have the warrant in his possession?

 

"It is not necessary for the CEO or the AEA to have the distress warrant in his possession when levying the distress. The legislation simply requires a written statement to be shown to the debtor on demand. In addition, the CrimPR requires arrangements to be made for the debtor to see the warrant if he so requests".

 

Does the distress warrant/warrant of control need to be a paper document?

 

"The references in the above CrimPR to a “warrant” are not necessarily to a paper document, but can include an electronic version".

 

Does a warrant need to be produced?

 

"It is not necessary for a formal “warrant” to be produced; what is of**importance is that specific information must be recorded, by some means, at the time the warrant is issued. In particular, the legal basis on which the warrant is issued (for example, a record of the decision authorising the issue of a warrant (made by the court or the fines officer) and when that decision was made). In addition, the information required by CrimPR 52.7(1) should be recorded".

 

Recording the date and time that the warrant was received.

 

"The reference to the CEO or AEA recording on the warrant the date and time at which it is received (rule 52.7(2) can be satisfied by electronic means. Assuming the request to execute is sent to the CEO or AEA electronically there will be an automatic electronic record of when it was received".

 

Requesting to see the distress warrant/warrant of control.

 

"As regards the position where the debtor asks to see the warrant, what rule 52.8(2) of the CrimPR envisages is that the debtor will be taken to the relevant office and shown the relevant details on the computer screen. Alternatively, a copy of the electronic data held can be printed and provided to the debtor or the details replicated in some other documentary form (whether it be entitled a “warrant” or not).

 

"What is of importance, is, as stated above, that the requisite information is already held. That information can then be subsequently shown to the debtor/replicated when a request is made by the debtor".

[Leakie]

Thanks BA and I appreciate, you have posted this before.

 

But what is the reason for the above, apart from making it easier for the everyone but the Debtor.

It is not necessarily known by every one who is in this position.

 

If I had not been informed of this I would have may be not believed the person knocking at the door if you are not aware of the debt.

[Bailiff Advice]

 

It is not necessarily known by every one who is in this position.

 

If I had not been informed of this I would have may be not believed the person knocking at the door if you are not aware of the debt.

 

I am glad to have been of assistance. All that I have ever tried to do is to provide accurate information regarding bailiff enforcement.

[Leakie]

Thanks BA

But is it too make it easier for the powers too be,

It would save a lot of problems if a warrant was given to the Debtor,

even if it was only a copy,

At least they would be able to check it out.

 

Just because it is in TCE it does not mean it is the right thing to do,

as they say some times the law is an Ass

[Bailiff Advice]

Thanks BA

 

It would save a lot of problems if a warrant was given to the Debtor, even if it was only a copy,

At least they would be able to check it out.

 

I have attached a formal copy of a warrant of control in relation to magistrate court fines.

 

As can be seen, the warrant is a legal document that is addressed to the enforcement agent. It is not addressed to the debtor. However, as mentioned in an earlier, post, the debtor can make an appointment or visit the court to view a copy.

Warrant of Control. Magistrate Court Fines 2016.pdf

[Peterbard]

The legislation regarding production of warrants is here:

 

http://www.legislation.gov.uk/ukpga/1980/43/section/125D

 

[F1125D Execution by person not in possession of warrant.

(1)A warrant to which section 125A(1) above applies may be executed by any person entitled to execute it even though it is not in his possession at the time.

(2)A warrant to which this subsection applies (and which is not a warrant to which section 125A(1) above applies) may be executed by a constable even though it is not in his possession at the time.