county court jugment

[belgarion22]

Hi Every one.

Can anybody tell me how soon after a county court judgement can a warrent of exiction be issued as i have just had a call from oxford county court saying the baliff will call this week to enforece a warrent take out the same day as the judgement

[ploddertom]

Can be done as soon as Judgment is given.

 

Did you know about the debt initially? Did you acknowledge service? Did you defend the action? You can consider asking for a Variation order and if so ask to suspend the Warrant at the same time.

[BRIGADIER2JCS]

I take it that a ''Forthwith'' order was made?

[belgarion22]

Hi Ploddertom

I did know about the origanal amount but i had not heard anything from them since sept 2011. after i sent a cheque to them. the only other contact before this judgment was a fake debt collector and them asking me to buy more goods on credit up to and including last week

[belgarion22]

Hi Brigadire2jcs No they just got a standard court order.

[andydd]

Normally a court order would say to pay with 7/14/28 days, etc and then enforcement could take place once thats expired.

 

Andy

[ploddertom]

Hi Ploddertom

I did know about the origanal amount but i had not heard anything from them since sept 2011. after i sent a cheque to them. the only other contact before this judgment was a fake debt collector and them asking me to buy more goods on credit up to and including last week

 

May help if you can explain how it came about as there may be some wriggle room possibly.

[BRIGADIER2JCS]

What was the exact wording on the order, as said already was a set time 7/14/28 days given for payment

or did it state payment fortwith? ie immediately.

[belgarion22]

Hi Ploddertom

I bought some ink cartrages and other staionary items from the company in question on a 30 day credit account in september 2011 sent a cheque at the end of october, about the same time i was contacted by the companys debt coolector saying i hadnt payed and that if i didnt pay imideatly they would take action, as i thought i had payed i took no notice, i recived more calls from this debt collection company and after telling them that they were harrasing me looked them up and found that the debt collectors consumer licences had expired so reported the to trading standards. in november my sister had a major stroke and i spent 6 weeks travling every day to london, in the meen time i heard no more from either the company or thier debt collector, in January they started telephoning me to see if i needed any more ink cartragies i said no and they have been phoneing ever since the last call was two weeks ago. I have had no contact from thier accounts department in the form of a statment or telephone collection call or any other debt collector and no notice from them or the courts about pending court action

[wonkeydonkey]

can you tell us the amount of the Judgment ..we are not prying simply want to see if the amount could lead to a transfer up of the Judgment to a writ of fi'fa'.

next question ...would you be in a position to pay the principle to the debt (base only without costs or fees) if yes then you can apply to have the ccj set aside..if no then you still have the option to applying for a variation order..this allows the Court to look at your finances and will set the the repayments at.a rate affordable and not what the Claimant or bailiffs demand !!!!

 

ps...was the cheques you sent ever cashed????

 

 

WD

[belgarion22]

Hi Wonkedonkey

The cheques i sent were never cashed in cluding the current warrent the outstanding amount is £429.00 i would pay the principle to the debt that is £220 inc vat.

[wonkeydonkey]

If you can afford the principle amount send payment direct to the Creditor. Having not received Notice to Claim you were unaware of the action and subsequently denied the right to defend or counterclaim, Then you will need to apply on form N244 set aside and if you are on low income form ex160 will also be needed to apply for fee redemption.

 

If set aside is successful (the debt having been paid always helps) then costs to the Judgment are wiped out and any fees the bailiff thinks to be due also disappear.

 

WD

[belgarion22]

Forgot to say the aleged court bailf on the phone today said even if i file a N244 he would levei against goods and remove to protect the rights of the claiment, i told him that if i had proof that this had been done he couldnt he said watch him

[ploddertom]

Of course what the Bailiff has forgot about is that you do not have to let him in. I'm surprised at his attitude as most Court Bailiffs will withdraw pending the result of any application.

[Ganymede]

Have you moved address since all this started?

 

I think you may struggle to get a set aside if you are still at the address the Court served the Claim Form at...