Order Suspending Warrant/Judgement

Jaks

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.

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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.

peachyprice

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?

blind-as-a-bat_2

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

Jaks

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

Yes, it's definitley included, and the order was dater after BR, so it defnitley doesn't stand.

Jaks

Just phoned the local court and they told me to phone the OR as they don't deal with bankruptcy's there.

blind-as-a-bat_2

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?

blind-as-a-bat_2

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:

peachyprice

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

Jaks

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.

blind-as-a-bat_2

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