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warrant of execution
anne211981
Posts: 61 Forumite
:mad: help ..... im very foolish for letting it get this far but, belive me i have tried to sort this out but creditors just dont listen, they just dont care. Basically i have a credit card which i have fallen behind with after suffering terrible financial difficulty in the last year. I have spoken to the C.A.B but my creditor just didnt want to know. i had to offer token payments but they just refused to accept this and the debt got sold on ect ect. to the point its now become a ccj. i cannot afford to pay this debt off in full or make the payment the court wants, a warrant will be issued in feb if i dont pay up. im trying to get in touch with the court but i have no idea how sucessful that will be. The other thing is i recently got married and my name has changed. They have refused to change my name on the debt! where do i stand now regards any warrant they issue, if they send it in my maiden name, i can prove im not that person any more. but im very confused could they execute it or not. i know that with any other sort or warrant it has to be correct right down to the spelling of the name.
look im not trying to get out of paying this debt i want to pay it i need to pay it for peace of mind, but my situation is that i have other debts with gas elec water and rent to pay first and a child to feed.
yes im on benifits but thats not through choice i hate it and would do anything to get off them but at present im 5 months pregnant and well no one wants to employ me for 3 months.
if there is anyone out there who can help me shed some light on this id be greatful
(very worried pregnant female who dosent cope well with stress
)
PLEASE HELP :money:
look im not trying to get out of paying this debt i want to pay it i need to pay it for peace of mind, but my situation is that i have other debts with gas elec water and rent to pay first and a child to feed.
yes im on benifits but thats not through choice i hate it and would do anything to get off them but at present im 5 months pregnant and well no one wants to employ me for 3 months.
if there is anyone out there who can help me shed some light on this id be greatful
(very worried pregnant female who dosent cope well with stress
PLEASE HELP :money:
0
Comments
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Hi anne
I'm so sorry i can't help this kind of thing isn't my forte but i do want to say (((((HUGS))))) To you because its a tough situation
and i'm sure that someone knowledgeable will be able to help you soon
x sam0 -
thankyou for the hug. if there is anyone who can help me id be greatfull. Im off to the C.A.B this morning to get advise but you can never get enough advise.0
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deleted xxxxxxx0
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Hi Anne,
First of all, you need to do something before the Warrant of Execution is issued. A Warrant of Execution suggests that because you have defaulted on an arrangement via a CCJ, the creditor has enforced the ability to send a bailiff to try collect the money, or goods to make up the amount.
Don't worry, if you act fast you can stop any further enforcement before it get's that far. You need to call or pop down to your local County Court and ask them for an N245 form. The form allows you to make a new offer of payment based on what you can afford, after you have covered your priorities (i.e rent/mortgage, council tax, gas, water, electric, food, travel etc). Because you are on benefits you need to ask for an EX160A form as well which will allow the court to waive the fee of getting the CCJ reassessed.
It's difficult for me to suggest how much to offer on the CCJ because I don't know a full breakdown of your finances. It might be worth illustrating an SOA on here for people to make a quick assessment, or feel free to use Debt Remedy which will help you work out a realistic budget for your family and also make suggestions if you have any other debts. Even if it's a case of offering £1 - providing your budget is realistic your offer will normally be accepted by the court.
Although your name has changed since you've been married, you will be still liable for this debt as you are still the same person. I can only assume the reason why they will not change the name on the debt is because it will no longer match with the signature used for when you signed the orginal agreement.
I hope this helps for the time being, you may not even read this by the time you have been to the CAB for advice!!
Regards,
CCCSI am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.
CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.0 -
hi matthew
you little life saver. XXXXXX thankyou sooo much for your wonderful words. i have printed off the forms and getting them in the post first thing.
thankyou and keep upi your fab work. you have really taken a weight off my mind lets hope it works;)0 -
No worries, I hope it works out ok for you. Give me a shout if you have any other problems.
Take care,
CCCSI am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.
CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.0
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