Warrant of Execution

Clarkmeister

I received one of these this morning for a debt I know nothing about. We have received lots of outstanding debt letters for a previous occupant of the property but this letter is addressed to me.

I am required to pay £5k by 5th June, however the added problem is I work away from home therefore it is difficult to deal with things as not many places are open etc.

Any advice ?

Clarkmeister

Anyone ?? Am going to CAB tomorrow.

rog2

CAB should be able to help, CM.

What details were on this 'Warrant' and who sent it?

Was there any reference to either a County Court Judgement, or Claimant Details?

Was it served to you, personally - or addressed to the 'previous occupant'?

Clarkmeister

rog2 wrote: »

CAB should be able to help, CM.

What details were on this 'Warrant' and who sent it?

Was there any reference to either a County Court Judgement, or Claimant Details?

Was it served to you, personally - or addressed to the 'previous occupant'?

It came addressed to me but through the post. Claimant is Hillesden Securities Ltd.

Its said I have not made payment under judgment as ordered (Never had an order to pay). Claimant has asked for a warrant to be issues to the bailiff to sieze and sell goods. Have till 5th June to pay or bailiff will call and may remove your goods for sale at a public auction. Dated 28th May, delivered 30th.

penguin83

Hi Clark - I'm presuming the warrant has come from your local county court (the letter you have received will tell you what court)

If you dont agree that you owe the money then you can make an application to have the judgment set aside - the CAB will be able to help you with this and as soon as you make your application nothing more will happen on the warrant until the outcome of the application.

For peace of mind you can contact the bailiffs in the morning between 8-10 am (their number will be on that letter also) to tell them that you are getting some advice from the CAB, they are usually pretty amenable and will often give you a couple of extra days to make an application.

x x x

Clarkmeister

penguin83 wrote: »

Hi Clark - I'm presuming the warrant has come from your local county court (the letter you have received will tell you what court)

If you dont agree that you owe the money then you can make an application to have the judgment set aside - the CAB will be able to help you with this and as soon as you make your application nothing more will happen on the warrant until the outcome of the application.

For peace of mind you can contact the bailiffs in the morning between 8-10 am (their number will be on that letter also) to tell them that you are getting some advice from the CAB, they are usually pretty amenable and will often give you a couple of extra days to make an application.

x x x

Thanks penguin83. Yeah letter came from local county court. Its not a nice feeling especially when I work away in the week. Me and my fiancee are not too please with this. Do you know if this happens often re debt from previous occupiers ? I dont know how they got my name or what the debt is about. Will this cost me anything (solicitor etc) ?

penguin83

Its not normal that they chase the current occupier for a previous occupiers debt through the court but what they sometimes do (debt collectors that is) is obtain old untraceable debts and have a go and everyone with the same name in that area (ie bailiff returns warrant saying not the right person and the creditor comes back with another address to try and so on)

If you want exact details about the claim you need to contact the court that issued it rather than the one with the warrant which if the claimant is Hillesdens will probably be Northampton. The letter you have received should tell you in the top right corner where the claim was issued but if not I can tell you from the 2 letters in the claim number (dont need any of the numbers in it that would identify you) and they will be able to provide you with a copy of the claim form.

If you do decide to make an app to set aside, there is a £75.00 court fee but if you are in receipt of benefits or on a low income you may not have to pay this.

Sorry Ive waffled a bit x x

Clarkmeister

penguin83 wrote: »

Its not normal that they chase the current occupier for a previous occupiers debt through the court but what they sometimes do (debt collectors that is) is obtain old untraceable debts and have a go and everyone with the same name in that area (ie bailiff returns warrant saying not the right person and the creditor comes back with another address to try and so on)

If you want exact details about the claim you need to contact the court that issued it rather than the one with the warrant which if the claimant is Hillesdens will probably be Northampton. The letter you have received should tell you in the top right corner where the claim was issued but if not I can tell you from the 2 letters in the claim number (dont need any of the numbers in it that would identify you) and they will be able to provide you with a copy of the claim form.

If you do decide to make an app to set aside, there is a £75.00 court fee but if you are in receipt of benefits or on a low income you may not have to pay this.

Sorry Ive waffled a bit x x

Top right says Warrington County Court. (I used to live in Warrington) but the office details I have are for Wigan. I have no outstanding debts on my credit file, no CCJ nothing.

penguin83

Ok give Warrington a ring to find out more about the claim and exactly what the claim form says and Wigan a ring to speak to the bailiffs about the warrant. Wigan will only have the warrant and wont have any further details on the case. x x

rog2

Clarkmeister wrote: »

Top right says Warrington County Court. (I used to live in Warrington) but the office details I have are for Wigan. I have no outstanding debts on my credit file, no CCJ nothing.

Law Courts
Leigh Street
WARRINGTON
Cheshire
WA1 1UR

Tel: 01925 256700

Email: warrington.cmb.cm@hmcourts-service.gsi.gov.uk


I agree with Penguin - you should not, normally, receive a CCJ for a debt that is not yours, and you should investigate this further.
Perhaps it might be an idea to wait until your CAB appointment before telephoning the Court - they may be better able to deal with them.

Clarkmeister

rog2 wrote: »

Law Courts
Leigh Street
WARRINGTON
Cheshire
WA1 1UR

Tel: 01925 256700

Email: [EMAIL="warrington.cmb.cm@hmcourts-service.gsi.gov.uk"]warrington.cmb.cm@hmcourts-service.gsi.gov.uk[/EMAIL]


I agree with Penguin - you should not, normally, receive a CCJ for a debt that is not yours, and you should investigate this further.
Perhaps it might be an idea to wait until your CAB appointment before telephoning the Court - they may be better able to deal with them.

Thanks for your help. My only problem is I dont have an appointment with CAB as it only came on Sat. I work away a usually need to leave here at 9.30 so I am having to do all this before I head off for work away from home till Fri. I will ring both courts, Hilleden Securities and go into CAB tomorrow.