A Warrant of Execution exists for the cost of the Warrant itself against me.  This is because I have already made two payments directly to the claimant,

* one to cover the principal sum (which they received before the default judgement date) and

 * another from me in response the the remaining balance which was made exactly 3 weeks after the the default judgement issue, which was a "forthwith" (the interest they claimed for and the costs of raising the CCJ itself), this being the whole amount in the amount to pay of the default judgement.

This 2nd payment was received a day before the issue of the Warrant of Execution but because of the few days of overlapping/processing time and lack of informing the court until after, it got issued.

Subsequentially the officer of the court (baliff) called at the address named and because this address is purely a correspondance address has "returned" the warrant at the first visit.

So my queries are:

Is there a legal requirement for addresses to be correct on court paperwork ?  The name is correct.

Is the onus on the claimaint to have and supply the correct information,  The address was not one that could be used for enforcement.

The only debt outstanding is the cost of issuing the warrant (and I guess maybe now the baliff calling costs).  Do I have any grounds to dispute these amounts ?   From my point of view both I and the claimaint know that the amount to pay ordered by the judgement had been paid before the date of issue of the warrant.  The warrant was to an address that could not be used for enforcement.

Another matter I have is that I'd obviously like to keep my credit record clean and was firmly under the belief that I was acting within what was required of me by law and that due to clearing the balance it would allow the civial matter to be resolved for good.

Due to the use of the address as a correspondance address it takes between 1 and 2 weeks to receive postal information to act upon it.  But I can understand if this is not a justifiable reason in defense of the law.

Any advise on the situation.

Thanks

Are you able to tell us how much is now owed?

With regards to your credit rating I would check this out  here on Credit Expert, (they are offering a free 30 day trial) at least this way you will definately know where you stand.

To confirm it is just the cost of the Warrant that is being requested / persued now, £102.25.

It is also being cited that the claimant has legal claim to this due to Civil Procedure Rules.  http://www.justice.gov.uk/civil/procrules_fin/  is the link I've found but not able to find a section relating to Warrant of Execution, nearest I can get is general Enforcement clauses.

For information:
A warrant of execution may be issued by the creditor when a person has defaulted on the terms of payment of a judgement debt. A warrant may be issued for the whole of the balance due under the judgement, or it may be a part warrant. if the judgement was payable in instalments, the bailiff may be asked to levy for one monthly instalment or for not less than £50, whichever is the greater. Consumer credit lenders often prefer to issue part warrants as these are considered more likely to be affective. As a result, lenders may repeatedly use execution to threaten the client following default upon an instalment order.

The client does not have an opportunity to oppose the issue of a warrant, but the Bailiff must deliver a warning notice telling the client that the warrant has been issued. Levy upon the warrant is then delay the seven days to allow payment to be made or stop a warrant is valid for 12 months and maybe executed at any time within that period.

At any time after the issue of the warrant the court can suspend or "stay" its execution. This can be done using the appropriate court form.