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ian001

advice wanted please

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hi please could someone give me some advice on the following situation:

i have a debt of £2300 with tesco, after some time now of not paying they have issued me with a ccj which i said i would pay £10 a month - after missing 1 month payment they issued me with a issue of warant letter - stating that a bailiff would call to take items. this letter is off brian carter solicitors and has a warrant number

please can someone advise me if they will call, are they allowed to take items as i dont live there now its my parents house. or are they just putting the frighteners on me like usual . any advise would be greatfull

regards

ian

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does anyone know how likely brian carter are to send bailifs, and if i just send the £10 i have missed do u think this would stop them or do they now expect the full 2300

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I always thought that if you did not pay a CCJ, a warrant would be issued and sent to you, by your local county court and it would be their baliff that would come to your house...

 

If the solicitors have sent you a warrant, I would call the court that issued it to check that it is real. If it isn't they have been very naughty :)


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perhaps this might be a scare tactic then u think? as it just says warrant number on the letter from brian carter - maybe to make it look more profensional.

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if anyone else could comment on this i would be greatfull

regards

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im sorry but i think tbern is right, if you dont keep up im pretty sure they move to the next step very fast.

 

i hope you get it sorted :)

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This sounds very dodgy.

The CCJ is as it says issued by a county court.

The procedures after this usually involve either Solicitors / and or Baliffs.

The solicitor would instruct the baliffs from your local court to enforce any warrant,which would need to have been issued by the court.

Have a look at Zoomans stickie in the headers of this section.

There are guidelines on collection procedures.


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i take it that this is just a scare tactic then, as i have agreed to the ccj and said i could afford £10 to pay each month - this was on official court papers - but they accepted the £10 so does this mean i have a ccj?

on the latest letter from their solicitors it says warrant of execution!

a bailiff will now call - it has a warrant number but it has no official stamp from any court.

it does say at bottom i can stop bailiff coming by paying full amout - so this might be just a scare tactic?

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This may not necessarily be a scare tactic as the debt is over £750 they can transfer the debt up to a High Court Enforcement Officer and do not have to use the Court Bailiffs. All they need to transfer up is a copy of the Judgement and proof that you have not kept up with repayments. You need to be careful with these officers as they have far more powers than the Court Bailiffs.

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I would write to that solicitor and inform him that issuing a document that imitates an official document is an unfair business practice as per the guilines by the OFT "unfair Business practices " 2.2. Inform him that you are going to report the incident to the OFT and send the OFT a copy of that document , also tell himbeing a solicitor he should know better and that it could construed as forging court documenst which is a serious criminal offence. see what that brings you,

 

Sparkie1723:)

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the main thing is that i dont live at this address now and its my parents house. they do not give my new add to anyone that asks. so what powers do they have to enter their house - or is it up to them to find me at my new add

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Guest Zooman

First yes you have a CCJ, issued by the courts, if you fall behind on payments the debt becomes payable in full and they can issue a warrant, this does not always have to be with the county court bailiffs, this could be a writ of Fifi and the first official document with a court stamp you will see is the one the bailiff is carrying on your doorstep.

 

The easiest thing to do is make the payment that is missed, once this is paid if any warrant is issued it is a simple case of having it suspended at your local court.

 

When making a missed payment for a CCJ it is very important that it is recorded as the missed payment. And the accompanying letter must be carefully worded, I can help with this letter but would need to know how and when you make the normal monthly payment.

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i have already sent the dd mandate which was on back of letter from solicitors - i have filled it in to make the agreed £10 paymet as from 15 of this month but i take it i will have to also send a cheque for the £10 missed?

what happens to the warrant though now i dont live there?

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We have a similar problem as my son missed a payment (he misplaced the letter and got the payment date mixed up) He now has the High Court Enforcement officer threatening him with bankruptcy if he wont up his payments to 2 and a half times what the court agreed. Hes out of work and on job seekers allowance, he hasnt got a car and lives with me rent free at the moment. When we told the guy this he just said 'well that means he has £200+ a month and pays no rent so he can afford the payments. He also has another debt on a credit card which he pays weekly but of course they dont want to know about his other outgoings

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i think you can ask the courts to re assess the case due to his change of circs.

 

How the hell did the person he spoke to come up with a figure of £200+ you dont get that type of money on bebefits.

 

A single persons gets £46.85 a week which is £93.70 a fortnight or £187.40 a month.

 

The person who told him he has £200+ is very wrong.

The courts will be aware of what payments pp get on benefits even tho u will need to prove what money he gets.

 

I would advise you speak to your local courts and advise what has happened and ask what papers you need to sort this matter out.

 

They cant expect ur son to pay what he does not get.

 

Chrissi


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