Warrant of Execution after Charging Order

[mercedes1954]

Hi,

Can anyone give me advice? In September 2009 Wescot obtained a charging order against my house. Last week I received a Notice of Warrant of Execution.

Wescot claims they can send in a bailif even though they have the charging order.

Why didn't they do this before the CO instead of making me pay the cost of the CO and then enforcing by warrant?

Should I use an N244 to request the Warrant be set aside or are they entitled to issue the warrant?

Thank you

[Guest]

Re: Warrant of Execution after Charging Order

A creditor may instruct a bailiff to recover debt when the judgment is granted in their favour, they need not wait for a Charging Order. Presumably they now wish to enforce the judgment with a warrant of execution, although it does beg the question, why did they bother to obtain a Charging Order.

You may apply to have the warrant set aside, but on what grounds?

What is the debt, how much is it for and what are the terms of the Charging Order and original judgment that Westcot obtained?

[mercedes1954]

Re: Warrant of Execution after Charging Order

Thank you for responding.

It was a CC balance of £1,400 that I was making monthly payments on, until I couldn't afford them - there were other cards to pay off as well.

When I missed a couple of months Wescot applied for the CO. I felt that as I was then unable to make monthly payments a CO would allow me more time to pay and they had the debt secured.

My concern is that after just 10 months my circumstances haven't really changed so if they thought it not worthwhile to use a bailif last September, why do it now after making me pay £210 costs for obtaining the CO.

I feel that if I knew they would still seek payment via a bailif after the CO I could have sought funds from family, for example, and saved the CO costs.

I guess legally they can still enforce the original judgement by alternate methods but it seems a bit unethical.

[Guest]

Re: Warrant of Execution after Charging Order

A Charging Order is often seen as an interim measure and a way of converting an unsecured debt into a secured debt, thus ensuring it will be collectable, if not at once then at some point in the future. However, as you have discovered this does not preclude the use of other debt collection methods, either at the time or later.

Notwithstanding this, a court will only grant a Charging Order once you have failed to make payments on that judgement or not paid the judgement according to the requirements of the court. Given that this is the case, Westcot were perfectly entitled to apply for such an order.

However, since this is a credit card debt, it will be collected by a County Court Bailiff and as such, he or she will have no authority to enter your home or seize your goods. Furthermore, they will usually give you between seven and fourteen days notice of any visit they intend to make and this will give you the opportunity to come to some arrangement with Wescot regarding repayment of the debt.

Finally, have you made certain that no unlawful charges or interest comprise the £1400 outstanding?

[mercedes1954]

Re: Warrant of Execution after Charging Order

Thank you for the details.

Just to clarify, the CC bailif can still enter if I let them in once, or they gain entry through an open door etc?

I have language school students here. If they open the door to go to school in the morning can the bailif gain lawful entry by simply walking in as they go out. I can't imagine any of my students asking the bailif who they are - they would just let them through.

Your last sentence is a possibility. I did look at charges etc a couple of years ago, but I'm not sure if any changes have occurred in the meantime that makes the amount challengeable. I will look ito it. Thanks