Help! Marston Group query

[Doogyrev]

I own my own shop. I owe a supplier some money (which I fully intend to pay). My supplier has taken the matter to court. On the 8th January I was issued with a County Court Judgement. This ordered me to pay the outstanding amount to the supplier forthwith. In the Notes for the Defendant it stated 'If you pay within one month you can ask the court to cancel the entry on the register'. By this I understood that I had one full month to pay this amount. Today (21st) a baliff from the Marston Group came into the shop whilst I was out, issued a Notice of Seizure and demanded the amount (with over £500 charges) payable to them (which my wife, who was terrified, paid by cheque). On Monday I will in a position to pay my supplier (at last!). Should I cancel the cheque and pay the supplier? Did Marston have the right to do this? If I cancel the cheque will Marston still demand their fees? Please help! Times are very hard. I have not been in this position before...

[Guest]

Re: Help! Marston Group query

Unfortunately you do not have a month to pay. What you have described simply means that should you pay the sum within a month, no entry will be made onto the register of county court judgments against you. The creditor may enforce the judgement and attempt collection at any time following the granting of that judgment, as has happened in your case.

What paperwork did the bailiff leave behind? Have the court issued a warrant of execution for this judgment debt?

Cancelling a cheque could be risky, since once issued, a cheque is a promise by the drawer of the cheque that the person to whom it is addressed will be paid the money as stated on the cheque. This is the case irrespective of the purpose for which the cheque is paid and there are only very limited exceptions. Under law, when you write a cheque to someone you effectively promise that the cheque will be honoured and if, for whatever reason, the cheque is not honoured you imply that you will compensate that person in full.

However, one of the exceptions is duress or if the transaction was illegal, which is why I asked what paperwork the bailiff left behind and whether or not a warrant of execution has been issued.

[Doogyrev]

Re: Help! Marston Group query

Thanks for your reply. He presented my wife with a Notice of Seizure (on transfer from the county court). It wasn't an official court document and had clearly been typed by someone as there were several typos. This was the document he left. He also said that he would post a receipt for the cheque through the letter box. He did post an envelope but it was empty.

[Doogyrev]

Re: Help! Marston Group query

We received no Warrant of Execution from the court. Only a Judgment for Claimant stating that we must pay the claimant forthwith.