We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Order Suspending Warrant/Judgement

My husband recieved a letter today from our local court saying that the court is satisfied that he unable to pay and discharge his debt.

It also says that " It is ordered that the warrant of execution issued in this action be suspended for so long as the defendant do pay the claimant the outstanding sum of £1419.76 by installments of £24 for every calender month, the first instalment to reach the claiment by 10th October 2008 and further payments to reach the claimant by the 10th day of each month.

_________________________

The warrant of execution that we recieved in August led us to get help from the CAB who then gave bankruptcy as a solution to our debts (we have other outstanding creditors). The CAB helped us fill in a form to be sent to the court to ask for reduced payments on this warrant. The CAB adviser told us that if we went bankrupt before any payment plan was agreed we wouldn't have to pay this money each month - is that correct?

My husband & I went bankrupt on 4th September. Do we need to contact our OR about this Order Suspending Warrant/Judgement? At the moment we are waiting for a pack to come through the post from the OR's office with any envelope to post statements etc. Do we wait until then and send this letter with the other stuff? The OR asked my dh in his interview to send proof of the warrant of execution (I don't think we have it as it might have been kept by the local court, will the new letter we got from the local court today do instead? It has all the details (creditors address, case no.,warrant no.,local no.,claiments reference no., defendants reference no.
«1

Comments

  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi Jaks, give your OR's office a call on the number on the bottom of your BO, they might want you to fax this over to get it sorted ASAP.

    In the meantime I'd be inclined to contact, the court by phone and in writing and tell them you're BR as OR's have been known not to take action with things like this and it's much harder to undo further along the line.

    What was the date the order was made by the court, was it after 4th Sept?
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Looks like its crossed with your BR, i assume this was a CCJ?

    If so your BR trumps it, so tell your OR staight away abot it, and also inform the court,(the OR should do all that but dont always get round to it:rolleyes: )

    Send them a copy of your BR notice and a covering letter, and ask for confimation that the CCJ will no longer be enforced due to your BR
    Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all …………. :(
  • Jaks
    Jaks Posts: 263 Forumite
    The funny thing is we don't know if was for a CCJ as before we got the first court letter (which was the warrant of execution in August) we had never heard of this people before, I am guessing that one of my dh's debt was taken over by this company Asset Link Capital (No 1) Ltd. This was the only communication we had recieved from them until todays letter from the court about excepting the lower payments.

    I will contact the local court and give my dh's bankruptcy number. Am I correct in assuming that this is covered by the bankruptcy order and we do not have to pay as it is not a new debt. The court letter we recieved today was dated 10th Septmeber - 6 days after we were declared bankrupt.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, it's definitley included, and the order was dater after BR, so it defnitley doesn't stand.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Jaks
    Jaks Posts: 263 Forumite
    Just phoned the local court and they told me to phone the OR as they don't deal with bankruptcy's there.
  • Hang on a mo a warrant of execution usually follows a CCJ i think, its an order allowing them to send in the bailiffs, but as its suspended as long as you pay, saves them having to go back to court if you dont pay up, so while you dont have to panic you do need to get this dealt with properly

    Question is did you know you had a CCJ passed against you?
    Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all …………. :(
  • Jaks wrote: »
    Just phoned the local court and they told me to phone the OR as they don't deal with bankruptcy's there.

    Muppets your already BR not asking about it:mad: i think they got the wrong end of the stick, you where informing them you where BR so that judgment is null and void so to speak:rolleyes:
    Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all …………. :(
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Jaks wrote: »
    Just phoned the local court and they told me to phone the OR as they don't deal with bankruptcy's there.


    You don't need them to deal with bankruptcy, you need to speak to the clerk who deals with CCJ'S and warrants of executions
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Jaks
    Jaks Posts: 263 Forumite
    We didn't know about any CCJ's if there were any - I guess I will find out in 11 or so months when we clean our credit files. We moved about 14 months ago so the CCJ letter could have gone to the old address, we had told all our creditors of a change of address so I can't understand it if they did sent it to the wrong address. The warrant of execution did not come from an original creditor - it came from a company who took over the debt I should imagine.

    I contacted our OR, but unfortunatly She was in a meeting then going for lunch, She is going to ring back this afternoon between 2pm & 3pm.
  • You must make sure this gets dealt with Jaks, and get it in writing if you can.

    You have till they dont get the payment in october before anything can happen, and even if it did and anyone showed up, on seeing your BR notice they should leave you in piece, but im sure you would rather not have to deal with that so its best sorted now
    Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all …………. :(
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245.1K Work, Benefits & Business
  • 600.7K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.