warrant of execution

gerrard8_s

Not sure if i'm posting this on the right board but desperate for advice.... My friend received a warrant of Ex today demanding £77 with an outstanding balance of £177 , the claimant is phoenix recoveries , my friend has never heard of them or had any correspondence off them the letter says she has failed to make a payment under the judgement she was ordered but she has no idea what it is the payment needs to be made by the 20th feb before the bailiffs call , she is going to the court tomorrow to sort this out does she have to pay or can she refuse until its sorted out
thanks in advance
Corrina

fermi

She can apply to suspend the warrant of execution:

Link to factsheet: Suspending a warrant or reducing instalments on a county court judgment

But if this is the first she has heard about this judgement the she may well be able to get the whole judgemnt "set aside".

Factsheet on that: How to set aside a judgment in the county court

Have a read through those and you should get a good idea.

If they talk to both the court and a free debt advice service like NDL who wrote those factsheets, then they should be able to get something sorted.

gerrard8_s

Thanks for the links had a good read she went today to the court and picked up the forms n244 and also one which exempts her from the £75 fee!! As she gets working tax credit.... Were gonna fill them in later and she has to take them back to the court before 4pm tomorrow
thanks for your help

Primmer

Good luck - certainly should be able to suspend the warrant and set aside judgment if it is the first she has heard of it.