Warrant of Execution recived today

[nonymouse]

I wonder if someone can offer some advice please? I have lots of debt but have not been threatened with a bailiff before, so don't know what to do here.

 

I have CCJ against me from Egg (Bryan Carter) but the judgement was for MUCH less than the actual debt was for, as Carter got a CCJ for costs only - I understand this means once I've paid it off I cannot be CCJ'd for the remainder of the debt. So I DO want to pay this.

 

But I have had a warrant of execution today by post from my local magistrates court asking for £173 by next Wednesday or a bailiff will call. This is more than I can afford in one go. What do I do? Can I phone the bailiff and offer to pay £60 a month for three months, which I CAN afford, or won't they allow this? I CANNOT have baillifs calling at my house as I live with someone who is very unwell at the moment and who is often home alone and the stress would be very bad for her.

 

Any advice would be very gratefully received. Thank you.

[ploddertom]

Others in the Legal Forum can offer more advice about the nefarious Mr Carter and cohorts. As a matter of interest were you adjudged "guilty" by Default? Did you have any knowledge of the original paperwork and did you acknowledge service of same and did you file a defence or attend the Hearing?

 

You WOE is quite easily dealt with. Form N245 from HMCS website allows you to apply for suspension of a Warrant and to Vary a payment - there is a cost to file this but if you are on certain Benefits or low wage you may be able to claim Fee Remission - this is done on Form EX160.

 

The person dealing with the WOE will be the Court Bailiff and they are a lot more amenable than the others who usually crop up on here. The same rules apply though do not let him in.

 

PT

[Ell-enn]

Hi there, I have affixed an N245 for to this post, if you need help filling it in one of us will be able to assist. As Ploddertom says, if you are on benefits or a low wage you may be exempt from paying the £35 fee for the N245.

 

When you have completed it, take it to the local court where the warrant was issued from, this will stop any further bailiff action while your offer of payment is being considered by the court.

 

As you will no doubt have read Carter has a habit of claiming for his costs, if you pay this small judgement then he would have great difficulty in collecting the balance.

 

Shout if you need any help.

n245_0204.pdf

EX160.pdf

ex160a court fees.pdf

[tomtubby]

As explained on here, you can indeed file an N245 to "vary" the court order and pay £60 per month.

 

However, please do not take this the wrong way as it is only my PERSONAL view. The Warrant is for £173 and if there is any way that you can raise this amount within one month then this will at least mean that the warrant gets cancelled and your credit file stays clean.

 

If you cannot pay within one month, you will have a CCJ on your file for 6 YEARS !!

[Ell-enn]

I understood that if a CCJ is obtained then you have 28 days to pay it in full to avoid it being recorded on your credit file ? if you don't pay within the month then it is recorded and the creditopr (BC in this case) will issue a warrant of execution to enforce payment.

Surely the CCJ must have been obtained more than a month ago for BC to have enforced by way of a warrant. It usually takes him a couple of months after obtaining judgement before he chases the money, so the CCJ will have been recorded.

[babybear39]

Did you attend court, defend the claim? Was everything sent to the correct address?