Warrant of Execution issued on CCJ over 6yrs

[IoweU]

My wife received a Warrant of Execution on a CCj that was over 6 yrs old. She was three months behind with payments. I phoned Northampton (CCBC) and after my wife told the court officer that they had permission to speak to me about the claim; I asked if the claimant [a bank represented by solicitors] had Leave of the Court prior to issue of the Warrant. The answer was no they did not. I stated that this was required the court chapess did not understand stating that "yes the ccj drops of your wifes credit file but is still enforcable" I explained that my understanding was that Leave was required prior to Issue of the Warrant on a CCJ over 6yrs old and did the Claimant fill in form N244 and was the court in receipt of this. No they were not, oh dear!

The court is investigating what happened. Meanwhile I have filled in an affidavit with the facts to be sworn at local court tomorrow along with application for suspension of warrant and reduction of payments and a request for costs. We shall see.

[themagician]

My wife received a Warrant of Execution on a CCj that was over 6 yrs old. She was three months behind with payments. I phoned Northampton (CCBC) and after my wife told the court officer that they had permission to speak to me about the claim; I asked if the claimant [a bank represented by solicitors] had Leave of the Court prior to issue of the Warrant. The answer was no they did not. I stated that this was required the court chapess did not understand stating that "yes the ccj drops of your wifes credit file but is still enforcable" I explained that my understanding was that Leave was required prior to Issue of the Warrant on a CCJ over 6yrs old and did the Claimant fill in form N244 and was the court in receipt of this. No they were not, oh dear!

The court is investigating what happened. Meanwhile I have filled in an affidavit with the facts to be sworn at local court tomorrow along with application for suspension of warrant and reduction of payments and a request for costs. We shall see.

good luck mate GO FOR IT !

[palomino]

This sounds like something Bryan Carter would do. If it wasn't him then perhaps we should delete this thread so he doesn't get ideas ...

[2ltr16valve]

This sounds like something Bryan Carter would do. If it wasn't him then perhaps we should delete this thread so he doesn't get ideas ...

 

 

Was just thinking the same thing ! especially when they op said Northampton ! lol

[IoweU]

Sorry for the delay in replying. Keyboard failed on the laptop. No not Brian Carter but Sechiari, Clark & Mitchell.

 

Update is: Contacted Northampton ccbc again prior to going to my local County Court and they have recalled the warrant notified local Court and Bailiff. So back to square one.