Warrant of Execution

themaestro

Hi all, i'm sorry if this is in the wrong place but i hope someone can advise me.

I've received a letter off Alpins Solicitors, on behalf of DLC, sayng they are about to issue a warrant of execution against me. Unless i pay the amount of the warrant, the court bailiff will call at my address with a view to taking an inventory and levying on goods belonging to me.

The debt is for a car on HP, amount owed, £4748. I am only working 25 hours a week and have very little disposable income.

Does this mean it has gone to court and i need to arrange payment or a threat of court?

I hope someone can help,

thank you in advance

shinyhead

Hi,

This might not be completely right but here goes:

Before bailiffs can be used for a debt such as yours a CCJ has to have been issued against you and you have failed to comply with the payment terms. It has to then go back to court where a Judge can order such a warrant. A creditor /DCA can't simply hire them to pay you a visit.

Have you had a CCJ issued against this? Have you ever had any paperwork from a court? (possibly Northampton County Court Bulk Centre)

You don't seem sure so the simplest way to find out might be to take a look at your credit file from one of the credit reference agencies.

Have you stopped paying or reduced instalments and if so how long ago?

Have you changed address during this time?

RAS

This is a secured debt so CCJ do not figure as far as I know.

Op

Please speak to National debt line or CCCS. Both have section for E&W and Scotland

fatbelly

It would be a return of goods order for a car on hp, wouldn't it?

Unless the car was returned and a ccj obtained for the shortfall.

In which case, if they issue a warrant, use an N245 to suspend it and vary the order to something you can afford

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

thechippy

HP does fall under secured, as it's secured on the goods / item.

If the item is taken back (repossessed) or returned, they can litigate and gain a CCJ on the balance (if it's negative)

However, the CCJ would have to be defaulted on before the creditor can go back to court to apply for enforcement.

themaestro

Hi, thanks for the replies. Sorry i didn't fully explain.

The car was taken back by the finance company in 2008, i defaulted and was issued with a CCJ from Northampton. I was paying £25 per month as that was all i could afford but then was made redundant. I notified them of this and basically stopped paying. To be honest i completely forgot about it as i had no letters about the debt, then this letter arrives. Does the previous CCJ mean the bailiffs can come or will i be sent another letter from the court beforehand, then i can arrange payment through them. I don't earn much and know the court will only say i have to pay what i can afford.

fatbelly

See the factsheet in my previous post. You can ask the court to vary the order to something you can afford at any time, but there is a fee unless you are on certain benefits or a low income. So I would advise to use that route if you need to, i.e. if the court issues a warrant (you'll get a copy in the post)

Until then, the court is right - you should pay what you can afford. However, £25 is going to take a long time to clear this. Perhaps you should take an over-all view. Do you have other debts? Are you in rented accommodation? Perhaps a DRO or bankruptcy would be best suited to you.