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Threatening Warrant of control when already paying Help...

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  • Threatening Warrant of control when already paying Help...

    Good morning all,

    Long time since I have been on here as I thought I had it all under control, however, out of the blue I have received a threatening letter from the lovely Paul Kavanagh from HSBC.

    Basically I had a debt with HSBC of circa 14k, however I got into financial difficulty around 2006, and they issued a CCJ.

    I made an arrangement to pay them an amount every month and have done so without fail for many years.

    However this morning I have received a letter saying the amount outstanding is around 13k and if I do not pay it immediately they will request a warrant of control from the court and appoint bailiffs to visit my property to seize good for this amount.

    My question is, are they allowed to do this when I have been paying an agreed amount faithfully?

    If so, what is the point of paying the agreed amount...
    Tags: None

  • #2
    Re: Threatening Warrant of control when already paying Help...

    Hi,
    What were the terms of the judgement order, was it for payment forthwith in full, or are you paying by instalments as ordered by the court or an agreement between yourself and HSBC?
    The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

    Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

    If you receive messages from anyone offering advice for a fee please report it to the site team.


    Animo et fide.

    Comment


    • #3
      Re: Threatening Warrant of control when already paying Help...

      As far as I can remember, I think it was HSBC, but I will have to dig my old paperwork out if I still have it.

      Comment


      • #4
        Re: Threatening Warrant of control when already paying Help...

        If the claimant is using this approach to vary the court order it's out of order.
        The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

        Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

        If you receive messages from anyone offering advice for a fee please report it to the site team.


        Animo et fide.

        Comment


        • #5
          Re: Threatening Warrant of control when already paying Help...

          Thanks Nemesis. Any ideas what I should do? I have emailed Paul Kavanagh to advise I have been paying the requested amount.

          Comment


          • #6
            Re: Threatening Warrant of control when already paying Help...

            I think there may also be a CO on my property against this CCJ

            Comment


            • #7
              Re: Threatening Warrant of control when already paying Help...

              Check the Land Registry online for the charge.
              It seems a very long time to wait to enforce this.
              Silly question have you checked that your payments are still going out and to the right account? Problems have occurred with long term payment plans!
              The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

              Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

              If you receive messages from anyone offering advice for a fee please report it to the site team.


              Animo et fide.

              Comment


              • #8
                Re: Threatening Warrant of control when already paying Help...

                yes my payments are still going out to the same account I have asked PK to confirm this...

                Comment


                • #9
                  Re: Threatening Warrant of control when already paying Help...

                  Ah just realised, my payment date is 25th of the month, Decembers payment didn't go through until 29th. Letter was dated 4th January which was a Sunday (and my birthday) Do you think this could be an automated threat-o-gram?

                  Comment

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