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Ive just received a Notice of Issue of Warrant of Execution help needed please


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Ive got an outstanding debt from my old business that i had to close due to lack of work i originally received a letter from the company i owed money to that had been to court to get me to agree a payment plan which i filled in and sent back to them. I received nothing at all to say if this had been agreed upon a while later i received a letter stating that i hadn't kept to the argreement so i tried to phone the company dealing with the debt but had no success in getting through to them to explain i didnt know the agreement was in place and that they were happy with it. I have now received the warrant or execution giving me until the 1st november to pay 1100.79 or baliffs will remove goods i cant afford to pay this hence tryin to come to an agreement in the first place what can i do ?

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Check the amount claimed is genuine. What is the Judgment debt amount?

 

Just call the creditor and tell them you dont have the money, and offer X-amount each week. Then send the creditor a witten confirmation of what you discussed over the phone.

 

If you can get a claim number, phoen the court and find out why you did not receive a warrant, it could have been sent to a wrong address and if so, you can have the order sety aside.

Professional property investor and conveyancer

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the amount appears genuine as i think the original debt was for around 900 and i'm assuming the court fees would add up to the remaing 2 hundred.

 

i think i received a warrant originally which asked if i was prepared to pay by installments fromthe court which i filled in with a payment of 50 per month and sent back but i received nothing to say it had been agreed upon

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The law prescribing fees chargeable by a bailiff collecting unpaid County Court Judgments is County Court Fees Order(Amended 1994) 1982. It provides £45.00.

 

If a bailiff or other person makes a false representation as to how much money you owe, then he commits an offence under Section 2 of the Fraud Act 2006. http://www.legislation.gov.uk/ukpga/2006/35/section/2

 

This has been confirmed in the House of Lords. http://www.publications.parliament.uk/pa/ld200607/ldhansrd/text/70420w0001.htm see under Crime Fraud

 

Speak to the originating creditor and agree a repayment plan you can afford.

Professional property investor and conveyancer

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Given the amount you owe I would suggest you make a firm offer to the claimant ASAP for this will be transfered up to the high court for a writ of Fi'Fa' and High Court Enforcement charges will double the amount you owe. With the amount you say is owed and the charges that have been applied suggests this is at present with a Bailiff as opposed to a HCEO, act quickly and you can save yourself a lot of trouble.

 

A polite letter to them explaining you had no response to your previous offer of £50 per month or any direction as to how they would like this paid..standing order, direct debit, cheque etc. tell them you accept the amount owed and would like to reach agreement with them to a repayment plan. If possible send a first payment of the amount you can reasonably afford to pay them, do not offer more than you can afford or sustain payment of.

 

Meanwhile do not have any contact with the bailiff and above all else do not let him into your home regardless of what he/she tells you, look around this site and you will see much advice on what not to do regarding bailiffs, I do not doubt you will get the same advice in many disguises from caggers, they are all correct and simply say Do Not Speak With Baliff.

 

WD

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If stuck apply back to the Court on Form N245 to both Suspend the Warrant and for a Variation in payments. Cost I believe is £35 but if on low wage certain Benefits you may not have to pay - see Form EX160 for Fee Remission.

 

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  • 3 weeks later...

If you applied after the last suggestion you need to contact the Court to see what is happening. If you paid the fee yourself has the payment been cashed? Did you take the form in person or post, if posted did you send by a trackable means and if so have you checked to see it was delivered?

 

It may be they say it has not been received and if you have no proof it was then I'm afraid you will have to do it again. Just because you have heard nothing from the other side doesn't mean to say they have forgotten about it, other means of enforcement - given the sum owing it could go to HCEO - may be in the offing.

 

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was handed in over the counter and cheque has been cashed not sure what to do at the minute as i dont want the baliffs turning up instead while im at work

 

If handed in at the Court and cheque cashed that is where you need to go back to and ask what is happening. You may need to take copy of the Form and some proof the cheque was cashed - it has been known for things to get lost in the process.

 

PT

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