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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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notice of issue of warrant of execution

Customer Question

notice of issue of warrant of execution
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

-Could you explain your situation a little more?
Customer: replied 3 years ago.

I have received this notice of issue of warrant of execution : urgent to the defendant you have not made payment under the judgment as you were ordered the claimant has therefore asked for a warrant to be issued to the bailiff to seize and sell your goods. unless you the amount due to the court before 06 nay 2013 the bailiff will call and may remove your goods for sale at public auction. total to pay £2,102.25 (including fees) on this warrant balance outstanding (after payment of this warrant) £6,621.21. there is no way I can pay this amount at this time I can make payment by instalment each month of £150.00. I only I only run a small take away busness have not been good for the past 3 years.

Expert:  Jo C. replied 3 years ago.
Thanks for that.

Can you tell me if you accept that there was a CCJ? I just need to look at whether there is any basis for this action.
Customer: replied 3 years ago.

jomo1972


yes I accept the ccj

Expert:  Jo C. replied 3 years ago.
Thanks.

Is it against you or the company please?
Customer: replied 3 years ago.


against me at my home adress

Customer: replied 3 years ago.


yes it is against me

Expert:  Jo C. replied 3 years ago.
Have you paid any of it?

What can you pay?
Customer: replied 3 years ago.


no I have not pay any of it. I can only afford £150.00 per month

Expert:  Jo C. replied 3 years ago.
OK.

There is an application that you can make but I just need 10 mins to type out an answer.
Customer: replied 3 years ago.


what is the application call

Expert:  Jo C. replied 3 years ago.
Unfortunately the bottom line here is that it would have been better if you had taken action earlier. Probably you know that already. There's no point in dwelling on it. You will have to deal with this situation as it is now.

Whats happened here is that you haven't paid on a CCJ or varied it and so they have applied for enforcement.

In relation to the bailiffs, you obviously need to deal with them but the primary focus should be at the route of this matter.

You need to apply to court for variation of the CCJ to allow you to pay in instalments. You can use the N245 form which you will find here

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=486

The fact that you haven't paid is going to be a problem for you to overcome. You will have to explain your position. In the long run though, the court probably will accept your offer basically because they cannot make you pay money you don't have. £150 is a reasonable offer for a CCJ of this kind.

That will take a period of time. In the meantime, you must deal with the bailiffs. The place to start with them is make an offer of £150 a month. They will refuse but start paying it immediately and do not default. They will take your money.

That may well deter them. Unfortunately there are others who just bury their heads in the sand for them to pursue.

In case it does not deter them, keep your doors and windows locked and secured and any valuables such as a car parked many streets away or kept in a locked garage. On no account let the bailiffs in.

Hope this helps. Please let me know if you want more information.

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