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More than desperate

Can anyone please help me and tell me what action I should take. Earlier in the year I lost my job and could not meet my financial commitments (except my mortgage which I have always found a way to pay). My credit card provider went to court and placed a second charge on my property (£11,000) which I was informed would be payable when I re-mortgaged or sold my home. This morning I came home from my part time job and found a letter (warrant of Execution) pushed through my letter box from a baliff stating 'A notice was sent warning you that the baliff would call if you did not pay the full amount due.' The enclosed paperwork stated 'you have not made payment under the judgement as you were ordered' and a Notice of Issue of Warrant of Execution was issued on the 27/7/2011 and payment would be requird before the 4th August. As far as I am aware no request for payment had ever been made.

What can I do? Can I get some form of a stay of execution (we are in the process of selling the house), can the bailiff force entry, can they seize joint possessions, how can I get more time to sort out this problem. I realise I have to act fast, but what can I do in the immediate short term?

Any advice would be most welcome.

Comments

  • RAS
    RAS Posts: 36,206 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    They cannot use bailifffs to enforce a CO. This must be a different debt.

    Can you go away and check that out, please.
    If you've have not made a mistake, you've made nothing
  • Apologies - does C O stand for Court Order? The debt is definitely from a credit card.
  • I believe a CO is a charging order, which is what they've placed on your house.
    ..
  • FireWyrm
    FireWyrm Posts: 6,557 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    Hi there

    Just out of interest, do you and your partner jointly own the property? If so, the charging order isnt fair in the first place.

    This might be relevant in this situation : https://forums.moneysavingexpert.com/discussion/1839539
    Debt Free! Long road, but we did it
    Meet my best friend : YNAB (you need a budget)
    My other best friend is a filofax.
    Do or do not, there is no try....Yoda.

    [/COLOR]
  • FireWyrm
    FireWyrm Posts: 6,557 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!

    What can I do? Can I get some form of a stay of execution (we are in the process of selling the house), can the bailiff force entry, can they seize joint possessions, how can I get more time to sort out this problem. I realise I have to act fast, but what can I do in the immediate short term?

    Any advice would be most welcome.

    In response to this :

    Are you sure this is a true 'Notice' from a bailiff, or does it just look like one? Ring the number at the top and verify what type of notice you have, when it was issued and what for. You should have had time to answer the original summons.

    In the meantime, dont leave your doors or windows open. Whilst they cannot force an entry, in that they break down your door, they can let themselves in if the door is open I believe, but dont quote me on that....this post will bump your issue back up the forum and hopefully one of the legal experts will be with you shortly.
    Debt Free! Long road, but we did it
    Meet my best friend : YNAB (you need a budget)
    My other best friend is a filofax.
    Do or do not, there is no try....Yoda.

    [/COLOR]
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