Help With Bailliff Warrant - I think its fake

[mau_juaquez]

Hi all,

 

I was hoping one of you good people could help.

 

 

My Dad has received a letter from Chester County Court with part of it hand written stating that a warrant has been issued for collection of a debt.

 

 

He advised me that this is from around 10 yrs ago and not paid a thing since.

 

 

Am I correct in thinking this is statute barred?

 

The letter looks a little dodgy to me,

 

 

almost as if Arrow are trying to scare him into paying.

 

 

It mentions a warrant has been issued,

 

 

but no copy of the warrant was enclosed,

 

 

also there is no date to pay by before the bailiffs visit.

 

 

I believe a CCJ was issued many years ago.

 

The envelope used also looks like it could have been reused.

 

I have attached the letter and envelope below.

 

 

This is all that was enclosed with the letter which arrived Friday.

 

Envelope:

 

Letter:

 

If someone could look at this for us that would be hugely appreciated, I have asked my Dad to pop to Citizens advice too.

 

Kind Regards,

 

M

[fkofilee]

I think its legit looking at it... But i see your point about it looking like its been reused etc

Monday morning, ring the courts and find out....

[mau_juaquez]

Thanks for the reply,

 

If a warrant has been issued, should it not be enclosed though? Also where does he stand with this being statute barred?

 

Cheers

[ploddertom]

There is a good chance that Arrow have obtained a Default Judgment over this.

 

 

You need to establish when the CCH was issued

 

 

- you can check on http://www.trustonline.org.uk/ cost about £4.

 

 

He also needs to check his Credit File to see what that shows.

 

 

It would appear that from what I can see is that both letter & envelope are in the same handwriting and this will be from the County Court Bailiff.

 

 

They are a lot easier to deal with than others as they are paid a salary and do not depend on commission.

[fkofilee]

Well we need more info on the debt first.

 

 

.. Otherwise nothing we can do ..

 

 

. However when they issued a claim in the first place,

 

 

the SB clock would have stopped,.

 

However, if he defended and said it was SB then it would have been a defence.

 

 

Im guessing he didnt?

[mau_juaquez]

Thanks for the replies,

 

I didnt realise SB didnt apply to judgements.

 

 

I thought once 6yrs had passed with no payment that was it

 

 

but thanks for clarifying that.

 

 

We think this has had a CCJ,

 

 

unfortunately I dont have more info at the minute.

 

 

Will try and get this tomorrow.

 

No defence entered so this will have automatically been a CCJ

 

I just find it strange that this is about 10yrs old and all of a sudden they issue this.

 

Thanks again

 

M

 

Will the Bailiffs office allow him to set up a repayment plan or will they want to take it all back now?

[fkofilee]

For now just get the info.

 

 

.. Then he can try to set aside,

 

 

but it might not work.

 

Also he can apply to the court to set-up an affordable repayment plan,

[mau_juaquez]

Thanks, will it cost to have try and get it set aside?

 

 

I am trying to see if the cost would outweigh the benefits here.

 

 

Will look on credit file and see when it was issued and get back tomorrow.

 

 

Hopefully either experian or equifax will have a free trial on.

 

 

Are they instant access once applied?

 

Cheers

 

M

[fkofilee]

Yes and no, they do security checkas and if it doesnt come back then might have to send ID... ALSO!!!!

 

Do Noddle!!! Callcredit Offshoot... Completely Free!!! For Life...

[renegadeimp]

And doesn't always have up to date info.

[colin11]

The cost for a set aside is £155, though if you are on benefits, you could get it cheaper, though if you pay the fee, you are not certain of success

[ploddertom]

Can you remember if he ever received any Court documentation in the past?

 

 

Also has he moved at all say in the last 10 years or so?

 

If it appears that the CCJ was awarded correctly then he needs to look at Suspending the Warrant from the Bailiff

& asking for a Variation Order whereby an affordable payment plan can be made.

 

 

Fortunately this is applied for on a dual purpose form

- N245

- it's a very simple form to fill in complete with I&E and costs £50 to submit unless on certain benefits or low wage when it could be free

- See Form EX160a & EX160c for more details.

[renegadeimp]

Give Chester a call. They're pretty good at getting you the info.

[dx100uk]

just a resit to you statute barred

 

 

if the debt was statute barred when they issued the claim form and got the judgement by default

they would not have to had to produced anything and no checks are made

its rubber stamped.

 

 

have you moved?

that would explain the lack of claim form / notice

but if you didn't inform your creditors

then not a seta side excuse sadly.

 

 

but if it was SB'd by the time of issue

then away you go set it aside.

 

 

dx

[Peterbard]

I didn't notice if you said when the CCJ was issued.

 

Although it is correct that the SB does no apply to judgment debt, the judgment creditor will generally have to apply to tie court to enforce a judgment which is over six years old.

http://www.lawplainandsimple.com/legal-guides/article/enforcing-a-judgment-debt-after-six-years

 

 

Permission will be required from the Court to obtain a writ of execution on a judgment more than six years old. The court is likely to ask why there has been such a delay and will take this into account when making its decision.

 

The judgment debtor may also challenge enforcement on the basis of delay. However, he will have to provide compelling evidence of the extent of prejudice to the debtor by reason of the dela

[renegadeimp]

And enforcement after 6 years is very very rarely ever granted.

[HCEOs]

Did the debt relate to a Consumer Credit Agreement?

 

If not you may receive a Notice of Enforcement from a High Court enforcement officer which will add a further £90 and if it is not dealt with at this stage the costs can quickly escalate. For example, if they visit it will add a further £408 (approx) and if it proceeds to Enforcement Stage 2 that adds another £594 and if it goes to Sale Stage you can add another £810 (approx) to the sums due. That makes a £3,000 judgment £4,887.

 

My point is that this would be better dealt with sooner rather than later.