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Subject: Notice of Issue of Warrent of Execution

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Charlotte
Posts:20

23-01-2012 5:53 AM Alert 

Hi, I really hope someone on here can help me with some advice.  I have been issued with a Notice of Issue of Warrent of Execution, is there any way I can stop this happening.  I am now up to date with the payments, as I made them before receiving this Notice of Issue of Warrent of Execution.  It says unless I pay the amount to the county court by 03.02.12, then a baliff will call etc.  It also has two amounts on it a Total to Pay and Balance Outstanding, so if I can find the money which one do I have to pay the Total to Pay or the Balance Outstanding.  I'm worried sick as my partner has no idea about this and I can't tell them either (for reasons I won't go into now).  Also is there any specific paper or colour paper this form should be printed on, as mine is on very thin off white paper with a badly photocopied attachment advising how I can pay over the phone.  Also who sends this paperwork out is it the court or the claimant.  Anyway what I need to know first and foremost, can I stop this and if so how.  I really hope someone out there can help me and give me some sound advice.  Many thanks in advance.

Charlotte
Posts:20

23-01-2012 10:02 AM Alert 
Hi if I contacted the creditors directly would that stop the notice of issue of warrant of execution?
Debt-Advice-UK
Posts:33


23-01-2012 10:24 AM Alert 

Hello Charlotte

Welcome to RTR.

I would suggest that first of all you contact the creditor and confirm with them that they have received the payments that you mention. Also request that they contact the bailiffs to halt further action.

It is also advisable to contact the bailiffs and informed them of the situation also, telling them that you are dealing direct with the creditor.

Should this not prove to be successful you will need to complete form N245 and submitted to the courts.

Hope this helps?


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Tel: 01202 653770

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Johnny Debt
Posts:326


23-01-2012 10:28 AM Alert 
How much is the warrant for?

It is possible via the courts, to get a large payment reduced to manageable monthly payments.

Johnny Debt
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Charlotte
Posts:20

23-01-2012 10:40 AM Alert 

Hi Debt-Advice-Uk

Thanks for the advice I will contact the creditors later today and see if they can halt the action, with regard to speaking to the bailiffs I have no idea who they are, I have not been given any information with regard to who they are.  Also where do I get the N245 form from and I assume I have to take it to the court rather than post it and if so do I need to pay anything when I present it.

 

Johnny Debt

Thank you for your advice, I have 2 amounts on the warrent as follows:-

Total to pay: £197.25

Outstanding Balance £696.70

So which I amount I am supposed to pay I don't know, also how would I go about getting it reduced to manageable monthly payments.

I look forward to hearing back from you and anyone else out there that can help.

Many thanks.

Johnny Debt
Posts:326


23-01-2012 11:12 AM Alert 

I have a copy of the N245 on my website here:

http://www.johnnydebt.co.uk/information/



Just enter your e-mail address and press the submit button, you should then have access to the N245, as well as other documents and information that may be useful.


Johnny Debt
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Dementoid
Posts:390


23-01-2012 11:21 AM Alert 
from what I can see here it looks as though they are currently only seeking a payment of £197.25 you can be sure that they will chase for the remainder!

Normally when you receive a Warrant of Execution there is a contact number for the bailiff/bailiff office at the court.

what is the name of the debt collection agency?
Charlotte
Posts:20

23-01-2012 11:23 AM Alert 

Thanks Johnny I will be checking out your site later.

 

 

Belle
Posts:4

23-01-2012 11:24 AM Alert 

With a warrant of execution it is wise to place as much detail down on an N245 as possible. Do you have any other debts you are paying?

This will help reduce down any payment the court decides you must pay them.

Johnny Debt
Posts:326


23-01-2012 11:24 AM Alert 

This is what an actual warrant of execution looks like.

 

Warrant of Execution


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Charlotte
Posts:20

23-01-2012 11:25 AM Alert 

Hi Dementoid, unfortunately I don't have that kind of money at the moment, I want to pay my debts but in manageable slices.  I also don't know the name of the baliff I was dealing with Fairfax Solicitors, they are the ones I have been paying so far.

Johnny Debt
Posts:326


23-01-2012 11:32 AM Alert 
Yes Belle, good advice.

Charlotte, do you have other debts, as this will effect what you put on your N245

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Belle
Posts:4

23-01-2012 11:33 AM Alert 

Great information Johnny, suggest an N245 is completed and sent to the courts. This will reduce down the payments into more affordable monthly contributions.

In my experience, bailiffs are quite accomodating, they just need a contribution to be paid. They add their costs to the debt anyway so are obliging when it comes to contributions. best to avoid this so the debt does not increase though.

Charlotte
Posts:20

23-01-2012 11:34 AM Alert 

Hi Johnny, yes it does look the same as what you have posted, but it is printed on off white more like pale beige/magnolia paper which is very thin.  I would have expected it to be printed on normal white copier paper for example, plus the attachment, which mentions about paying the court by phone is also on the same paper but is clearly a bad photocopy.  It just doesn't look 100% correct or what I would expect for something that has come from a court.

Johnny Debt
Posts:326


23-01-2012 11:41 AM Alert 

Have you previously received a CCJ (County Court Judgement) for this debt?


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Charlotte
Posts:20

23-01-2012 11:43 AM Alert 

Yes I do have other debts, which I would advise them off.  No point in not admitting it and then struggling to pay what I can't afford

Charlotte
Posts:20

23-01-2012 11:44 AM Alert 

Yes I have

Belle
Posts:4

23-01-2012 12:07 PM Alert 

The court may feel that your unsecured debts could be an issue. It depends on what amount you are paying them. Are you paying minimal payments on them or have you already negotiated reduced payments? If you are still paying the minimum balances it would be easier to reduce those debt payments down than risk bailiffs turning up with that warrant. More funds would then be available for the bailiffs.

Charlotte
Posts:20

23-01-2012 12:21 PM Alert 
Hi Belle
I have already agreed payments for the other debts, however I don't earn a lot of money and so I don't have a lot of spare cash anyway. I want to continue with the payment plan that was previously in place. I don't want or need baliffs appearing at my door, as if this happens my relationship would be over and I would also be homeless.
JD LAW
Posts:30


23-01-2012 12:50 PM Alert 
Normally when the courts issue documents it is on a reasonable quality paper. As per the document posted above by JD.

It is not unusual for some unscrupulous DCA's to send out their own "lookalike" documents.

I would suggest you call the court from where the Warrant of Execution was issued and ask them for the Bailiffs number. At least if you speak to the bailiff you will know if this is a genuine claim.

JD LAW.CO.UK

0844 8248913
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