From Janet Hughes 27th February 2003
"I thought I'd still update you
on the latest.
The bailiff from the Sheriff's Office rang this
morning in answer to my queries in several letters to them.
Apparently the warrant was actually obtained
from the High Court on 11 October 2001, just two days after the judge made the
order for costs. The bailiffs had told me that DEFRA obtained it on 5
November 2002 but now the story has changed. The bailiff said that there is no
claim number on the warrant; the only number is my claim number for the judicial
review. Again, this does not seem correct at all. Also, a warrant
expires after 12 months and has to be renewed, so I must try to find out if
DEFRA renewed it or not. Why did they sit on it for 15 months
Also, the warrant states apparently that
the district judge has agreed for interest to keep running, even
though the rules state that interest ceases to accrue after enforcement
proceedings have been issued. The bailiff has told me
that they are not obliged to show me the warrant. Therefore, I believe they
have something to hide.
The irony of this is that this is one of the
main provisions that I was complaining about in the TSE Regulations;
the obtaining of a warrant in the absence of the owner / occupier.
DEFRA seems to have obtained a warrant for
seizure of my possessions even before 14 days had expired from the initial costs
order on 9 October 2001, and before any attempt on their part to request any
form of payment.
In the unstamped envelope the other day
no actual letter came from the High Court; just my documents of application for
a stay of execution and a statement on one of my forms that it had been refused.
The court has still not replied even though three letters have been faxed to