Warrant for Execution

The_Hunter

Morning All,

I have received a letter this morning from my creditors solicitors stateing that "they have been notified by the county court that I have been served with the proceedings issued in behalf of their client"...

Which I already know as I have them in my hand, however they also say I have until the 22nd August to respond .. (which I don't I have until the 17th August) failing which our instructions are to enter Judgement and issue a warrant for execution by the bailiff/High Court Enforcement officer.

From the internet I have found this ....

"As the warrant can only be sought on a judgment debt of £5,000 or less, statutory interest is not recoverable."

Which puzzles me slightly as my debt is a lot more that this (although I actually have a defence).

Any views ?

The_Hunter

bump...for the evening experts

thechippy

Who's the creditor?
How much?
Is it simply court papers that you've just recieved?

thechippy

You've bumped but can't seem to be bothered to answer the questions.

Do you want help or not??

The_Hunter

Yes I do, and I went out and just got back, anyway here are answers.

Who's the creditor?
A commerical company

How much?
a lot 150k+


Is it simply court papers that you've just recieved?
I have received a letter tell me if I don't pay as per the court papers then they intend to go for a warrant of execution.

I have made a little progress on this, it appears that the PG may not be valid, I have couple of PG experts looking at it at the moment and they are both saying the same thing - it would be very difficult to enforce.

thechippy

Hi,

By pg, I assume you mean personal guarantee?

Does the creditor have a ccj on this and if so, what is the judgement?

The_Hunter

Not yet, I have the forms from the court and have just returned the Acknowledgement of Service request for 28 days rather than 14 days.

I am building my case with a couple of PG experts, I was more suprised that they told me they intended to go for a Warrant for Execution - good luck in finding anything of that kind of value in my house.

thechippy

Ok,

I'm logging off now, but I'll try to get on the case for you tmrw...

fatbelly

A warrant can only be issued on a defaulted judgement.

As you say you have a defence, and have already acknowledged service, you now need to submit your defence and take things one stage at a time.

This may never get to enforcement stage.