Warrant of execution

yelsel3

Have a problem with Close premium finance part of Bank of Scotland. We have spend a long time arguing over a cancelled insurance policy - they say we owe the rest of the money we were insured for even though we cancelled after three months of paid up installments. To cut a long story short they took us to court and we finally agreed to pay £40 a month even though our personal budget sheet clearly indicated this was beyond our means. Since July we have paid by phone to the designated person dealing with our account. In November I organised with this person to use the facility with my online bank to pay directly to BOS.

I used the details on the last letter from them to set this up and paid accordingly. Due to the snow a lot of the jobs my husband was working on were cancelled and the knock on effect was that his wages were short so we had to pay slightly later than the date we should. This morning we received a Warrant of Execution from the court saying we had missed payments. On phoning and speaking them it appears that the money has gone to the wrong account because the account number on the letter was wrong even though I checked it with them at the time of setting up the transfers. They told me that they will not withdraw the warrant and that in any event I paid late so the bailiffs will be calling. We cannot pay the full amount does anyone have any idea what we can do?

Thanks

DarkConvict

I guess your in Scotland to have a Warrant of execution, as they are CCJs in England and Wales.

As i dont know much about Scottish courts, i advise you ring national debtline for free professional advice, they are trained in Scottish debt law - http://www.nationaldebtline.co.uk/

At a guess, you best bet is to argue with the courts that the creditor changed the agreed way of making payment, and in doing so provided the wrong details, so with this you could argue to make up the missed payment.
Even if it gets to bailiffs, you can still pay them a monthly fee, but they do charge for being called in.

fatbelly

In English Law, a warrant of execution is another name for a bailiff's warrant.

You need to suspend the warrant and vary the order using a N245.

It's explained in this factsheet

Factsheet | Reducing payments or suspending a Bailiff's Warrant on a County Court Judgment

This gives you the chance to get the court to order a fair instalment that you can afford. Ask if there's anything you don't understand.

yelsel3

Thanks for your help.