CCJ - Warrant of Execution

badlyoverdrawn

Hello All,
I was wondering if anyone can give me any advice. I have a CCJ (one of two) and had my hearing last week to discuss a repayement proposal. I have a deficit on my statement of means, however offer £120pm to settle a debt of £9k.

The judge was horrendous, and basicly didn't judge anything. The creditor had already put in a warrant of execution prior to the hearing and the judge turned around and said "it's down to the creditor to decide if they want to go ahead with the warrant of execution (bailiffs)" I made it clear to the creditor and judge I have nothing of value in my house (all white goods are rented, I have a company car etc) and stressed this cost would be added to my debt.

This was overlooked and the warrant is for upto £5k of goods. After the hearing I gave the director of the creditor a call to discuss another repayment proposal of £220pm to hold of the bailiffs - they declined and are still going ahead with this warrant.

I'm frustrated and stressed. What else can I do? Obviously I'm not letting the bailiffs in but living in my house at the moment is like a prison, I darent leave the windows open and have 2 children I'm paranoid will see the bailiffs etc. I've been completly backed into a corner and feel the judge I had was not mutual and wasnt a fair hearing. I have contacted the court and they do not want to know about it either. Their exscuse is they have to type up the notes - however this can take upto 7 days from the hearing and they have to give me 7 days from execution date! Any advice would be appreciated. All I want to do is pay the creditor £220pm - they think I'm living in a mansion!

AMBERSHADOW

The court bailiffs are normally pretty good it's the private firms you have to watch... I am sure you can appeal against this anyway but other's with more knowledge will put you right.

Just don't let them in

fatbelly

How are you proposing to pay £120 or £220 per month with a SoA showing a deficit?

Amber is right - the court bailiffs are usually Ok - they will know that you do not have to let them in. They will be able to report back to the creditor that they have been unable to locate any assets.

badlyoverdrawn

Proposing the payment propsoal by losing 2 x mobile phone contracts and reducing my payments to my other creditors.
Hope they are very civil - the whole CCJ system is flawed. The ball started rolling on this one in August last year - everything takes an age to come through and worried that instead of 7 days from posting the notice it will tfurn up on the day or never...

AMBERSHADOW

I wouldn't offer anymore than your first offer, they might not like to except it but if you appeal the courts decision with a n255 I believe it is you can offer a lower repayment.. And if the court excepts they have no choice but to except..

fatbelly

You thinking of an N245? That may be what generated the hearing in the first place.

You can suspend a warrant and vary an order on an N245 but there should be a change of circumstances before you do that.

badlyoverdrawn

I have already filled in a N245 form as they requiested the full 9k to be paid back again. If I can suspend the warrant then maybe I will have more luck. But the judge was awful...I can not understand why he dismissed my offer. Irony is I will of paid £140 in court costs asking for them to listen to my offer - money I could of given to the creditor.

FOURCANDLES_2

So basically you are saying you filled out the court papers offered a payment the creditor refused to accept so now is sending in the bailiff. The friend I am helping owed 5k offered £10 pm and it was accepted is this all because you failed to pay the cj and they have now gone back to court ? little confused.

badlyoverdrawn

Kind off. I have been asked to pay the £9k in full and couldnt so filled in a N245 form. Had my hearing, they refused my payment proposal and issued a warrant for bailiffs. Creditor are adamant I have assets when I have nothing. Courts do not want to know. Im compeltely confused! I have two children and am the only person working in my family.