Warrant of Execution- Help please

harp07

Hi
Apologies in advance for it being a long post-

I am not exactly sure of the date of the offence, but it is in excess of 4 years.

I owned a car that was recovered to an address 5 miles from its registered address and was due to be scrapped. Someone asked if they could have it and the relevant paperwork completed. It had to be removed from the grass area it was parked on and on completion of said paperwork, the guy got a friend to tow it away. Good bye car!

A few weeks later a parking ticket arrived for a different road to the one we had parked on but for the same car.

I telephoned the council who issued the ticket and explained. They asked that it was put in writing, which I duly did and have heard nothing since.

I have now received a debt recovery letter from Rossendales stating that I have 7 days to pay £331.00 or they will take further action following a warrant of execution being granted by Northampton County Court that is still outstanding.

The problem as I understand it is that the car was still legally registered to me until the DVLA dealt with the paperwork and although in my mind it belonged to the guy who took the keys from me, this was not the case. I get that.

However, I have received no correspondence from anyone, since the original fine,regarding this matter and certainly have had no indication that it was going to court or had been to court.

I don't have £331.00. The letter states within 7 days of Dec 23rd although I did not receive it until 28th.

Can anyone advise as to how I can gain time to collect money together and what Rossendales will do next?

Hot_Bring

Just to confirm - you haven't yet had official court papers just a threat from a debt collector ?

This looks like a private ticket - is that the case ?

When in the UK was it collected ?

Stroma

Warrant of execution is bailiffs not debt collectors, I would advise posting on pepipoo.com on this, and getting advice from Sheila at bailiffadviceonline.co.uk , I'm not affiliated with Sheila but she's an expert in the field, she charges about a £10, this could be the best tenner you spend so go there and get help, don't ignore this

Guest101

I'd contact the court and ask if a warrant was issued, in who's name at what address and what date to start with

harp07

The original correspondence I had was with a local borough council.I don't think it is private.

Coupon-mad

I see you've posted on pepipoo already:

http://forums.pepipoo.com/index.php?showtopic=86599

I would go with their advice and keep that thread current by replying on it if you need more help.

HO87

I'm assuming that this is a DPE matter - a PPC case would have ended up in the hands of the court bailiff not Rossendales who are certificated bailiffs. If the original matter was 4 years ago and the local council followed normal procedure then the warrant would have expired 12 months after issue at which point the matter reverts to the council that issued the PCN in the first place AFAIK. I'm sure Sheila (bailiffadviceonline) will confirm this.

For information all too often bailiffs attempt to enforce warrants without being in physical possession of them and rarely if ever produce them to an interested party. If you have a case reference then speak to Northampton or the original council - either should be able to tell you what the current state of affairs is.

harp07

Thank you for your responses, I posted on the pepipoo forum on Stromas advice and will check with sheila when I have first checked some important details with the council and the court on Thursday

harp07

For your records, I telephoned the Borough Council concerned and they said that due to the age of the debt, August 2009 it has been wiped off the system and that it no longer exists. They were interested in the date of the Debt collection letter December 23rd 2013 and stated that the system must have wiped the contravention due to age in the last couple of days!!!!

So, Thank you, It was in fact Rossendales trying to extract money under false pretences

HO87

harp07 wrote: »

For your records, I telephoned the Borough Council concerned and they said that due to the age of the debt, August 2009 it has been wiped off the system and that it no longer exists. They were interested in the date of the Debt collection letter December 23rd 2013 and stated that the system must have wiped the contravention due to age in the last couple of days!!!!

So, Thank you, It was in fact Rossendales trying to extract money under false pretences

How very dare you! Suggest that a bailiff company might just get something wrong once in a while - such as attempting to use a long-expired warrant. Perish the thought!! Glad you were able to work it out quickly.

catkins

OH has received a letter from Rossendales today asking for £95 as a Warrant of Execution has been issued by Northampton Court.


The letter does not give details of a vehicle or a registration number. It mentions a "contravention" which is meant to have taken place on 15/05/2008 in a car park in the London Borough of Newham.


According to the letter OH has ignored numerous requests for payment whereas in fact this is the first we have ever heard of this. We have not moved address so I can't see that "numerous" letters have gone missing.


OH doesn't think he ever parked in the car park mentioned (it's not that close to us) but as it was so long ago he can't be absolutely sure as he does work various areas.


I don't understand why we have received this so long after the supposed incident date and I think it seems rather fishy.