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Help warrant of execution issued


bluestwo
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I have a CCJ for a loan which i pay by instalments of £80.00 per month.

 

I paid the 1st payment by phone then missed the 2nd because I couldn't get in touch with the company by phone, I wrote to them and asked for a payment book which they sent and I have made payments since, but the last payment was late by 2 weeks due to me being short of money at the time, this last payment was made 2 weeks ago and the next payment is due today which I was going to pay friday.

 

Today I have recieved a warrant of execution by post giving me until the 28th sept to pay £737 to stop action as I have not paid the judgment.

 

Is there anything I can do to stop this as I have not ignored them was just a little late paying I think they are being really unfair.

 

They must have asked for the warrant after I had paid

 

The judgment is for over £8000 and is with SCM solictors.

 

I have never recieved any post from them I didn't even know I had a CCJ until I recieved a warrant of execution thats when I replied to the courts and got a payment plan but I have moved home so they must have sent the paperwork for the CCJ to my old address even though the 1st warrant came to my new address.

 

Please can anyone help I am really worried the baliff is going to turn up.

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Think you will need to get a form filled in to have the warrant set aside.

 

This gives you the opportunity to put your case forward detailing your objections and a defence.

 

There is a charge for this but its worth going for.

Once you have lodged this with your county court any recovery action is suspended pending your hearing.

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I have just had a look at the last warrant from when I set up the plan and the amount outstanding is the same as the one I have had today so they are saying they have had no payments at all even though I have prove they have I paid it at the tsb bank with the book they sent me. Why I should I have to pay £35 to sort out their error? Its not fair plus I can't afford it.

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  • 4 weeks later...

I have had a reply about getting the warrant set aside and the company won't agree to it.

 

I know have to attend court on the 2nd nov for a hearing

 

This is all because of one missed payment of £80.00 from 5 months ago why they couldn't just write to me and ask for the money i don't know. I have kept up with the rest of the payments but a couple have been a little late if the payment date was changed this would not be a problem.

 

I can make up the outstanding payment next week so eveything will be upto date before the hearing will this make a difference, would this stop the hearing?

 

I can't attend the hearing because of work commitments I am on the verdge of being promoted and can't risk it, but I was thinking of sending a letter in to explain things, Would this be enough?

 

 

Can anyone give me any advice please?

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