Warrant of Execution

[intrigue]

Hello All,
well i have recently made an effort to get my finances in gear and have clocked up a good £4000 in debt which i am now slowing paying.

However, i have had a warrant of execution following several letters to my old address and long and short of it is that if i don't pay £140 today they will "be be round with the police and a locksmith" please can anyone tell me my rights with this and how i can make some arrangement to pay it.

My story and im sticking to it, is that i have not lived at the address for 6 months and have just picked up the post with the court letters etc and the warrant of execution. I was under the impression that if you was not aware of a court summons they could not take you to court?


Any advice is most welcome and i have until 4pm tonight to decide whether to take a cheque for £140 (which will leave me in an unfavourable position) or to take whatever advice you have whatever that may be.

[old_andrew2007]

Not sure what help I can be, I would suggest due to the urgency you should send a PM to moderators with a link to your thread with luck they can ask some more experienced members to give acvice

[pt2537]

How long ago was the judgment awarded against you?

i would guess that it was a default judgment

can i also ask what the debt was for?

regards

paul

[intrigue]

Originally Posted by pt2537

How long ago was the judgment awarded against you?

i would guess that it was a default judgment

can i also ask what the debt was for?

regards

paul

The letter of warrant is 13th February asking me to pay on the 21st then i have the
"Notice of removal" on the 22nd i guess.

But i only got both ont he saturday just gone hence me not dealing with it sooner.
I have the letter here and the quote is
"A removal van, a locksmith and the police may be booked to attend your premesis on" (no date)

Also this is not my property and the belongings are not mine either.

Debt is for Open University OUSBA fees (a course i started didnt finish or pay for)

Thanks
Matt

[tomtubby]

If this warrant is for a County Court Judgment then you will be lucky as you simply need to contact the court and tell them that you have moved premises etc and they can put the warrant on hold.

They will suggest the same as me that you need to apply to have the warrant suspeneded but I would suggest telling the court that you need to apply to have is set aside. The court will guide you on the forms.

This should be very simpe but there is a court fee to pay,

[intrigue]

Originally Posted by tomtubby

If this warrant is for a County Court Judgment then you will be lucky as you simply need to contact the court and tell them that you have moved premises etc and they can put the warrant on hold.

They will suggest the same as me that you need to apply to have the warrant suspeneded but I would suggest telling the court that you need to apply to have is set aside. The court will guide you on the forms.

This should be very simpe but there is a court fee to pay,

What will having it set aside mean?

I will call them in a second once i am 100% on what i have to say (i.e once you have replied)

Thanks

Matt

[10110001]

Originally Posted by intrigue

... several letters to my old address and long and short of it is that if i don't pay £140 today they will "be be round with the police and a locksmith" please can anyone tell me my rights with this and how i can make some arrangement to pay it.

Contact the original creditor and get the case out of the bailiffs. DO NOT give them your new address.

If you have given your new address then keep all windows and door secured until this matter is resolved.

The locksmith comment don't look right, bailiffs have been defrocked for threatening to get a locksmith, so run this checklist:

1. The Bailiff must be certificated, check HMCS Bailiff Register 0207 210 0516 and ask for the name and address of his certificating court.

2. The Bailiff or his firm and anyone trading in debt recovery must have a Category E consumer Credit License pursuant to Section 21(1) of the Consumer Credit Act 1974 otherwise they are committing an offence under Section 39(1) of the Act. Check the Consumer Credit Licensing Public Register on 0207 211 8608 and press 1 to search register and quote his postcode.

If you get a NO from either of he threatens ytou with a locksmith without a levy then file a Form 4 complaint against the bailiff.

Originally Posted by intrigue

... My story and im sticking to it, is that i have not lived at the address for 6 months and have just picked up the post with the court letters etc and the warrant of execution. I was under the impression that if you was not aware of a court summons they could not take you to court?

You say warrant of execution which incidates a county court rather then a migistrates court. More info needed on what type of debt, e.g. parking, CCJ etc.

Originally Posted by intrigue

Any advice is most welcome and i have until 4pm tonight to decide whether to take a cheque for £140 (which will leave me in an unfavourable position) or to take whatever advice you have whatever that may be.

Pay him £140 with a credit card, if the bailiff has overcharged you then you the joke is on the bailiff.

[10110001]

We crossed in the post (pun).

Originally Posted by intrigue

What will having it set aside mean?

Suspended by the court so you can reach an out of court agreement with the creditor.

[intrigue]

Excellent, thanks so much for the advice. THe bailiff seems to be a county court bailiff as i have an email address of bailiffs@leicester.county court.gsi.gov.uk
Thanks

Matt

[10110001]

See if you can cut a deal directly with the creditor & go with TomTubby with getting it out of the bailiffs, she's more clued up on that side of things than me.

[intrigue]

Right, i just called the County Court Enforcements department and told them i got this at my old address and asked for it to be set aside (which she corrected me and said "suspended".
She then said i had to speak to the bailiff about it as he deals with it on behalf of the creditors.
Which lead me to a dead end.

Advice appreciated again, there was no mention of forms etc, they just told me to speak to bailiff.

Thanks

Matt

[10110001]

Contact the creditor and cut a deal, if a bailiff turns up you can hand the repayment agreement through your letterbox.

The creditor in this case will have already paid the bailiffs fees upfront, so he'll probably want you to pay them. Court bailiffs are paid regardless they collect or not, so you'll have an experienced one because there's a heirachy amoung newbie bailiffs for 'cushy' work.

[intrigue]

Thanks so much for your help i now have it sorted.

I contacted OUSBA who gave me the number of Geoffrey Leaver Solicitors and they have agreed for me to make a payment of £50 and then £25 a month whilst i clear some of my other debts off this is great news for me and i am very grateful for the advice here.

Thanks

Matt