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please help me, advice needed, warrant of execution

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  • please help me, advice needed, warrant of execution

    Please help me.

    I owe £3687.36 for an MBNA unpaid credit card debt (originally borrowing around £700) which was sold on to Arrow Global. Bryan Carter is handling the legal side for the creditor.
    They got a CCJ against me, which I did not deal with - classically I have a bag of unopened brown envelopes.
    I have been trying to care for my father and work on and off for around 10 years. The final straw came last March (2010) when he fractured his spine and needed 24 hour care. I was renting a flat at the time, but moved in to care for him in his council sheltered housing flat. While staying with him my own flat suffered a water leak and I became homeless and lost the majority of my clothes and what little possessions I had. I have been living in his sitting room ever since - just as well as he his back fracture again in August. He also has emphysema, pulmonary fibrosis, heart disease and osteoporosis.
    I have been a full time carer since March 2010 on carer's allowance - stopped from his pension - and £40 odd quid income support.
    They phoned my Dad's number and he unwittingly said I was staying here. Since then I have been in constant contact and have responded to all of the many text messages I have received and have written twice with a statement of my income etc - the last time by registered post. - and offered to pay £5 a month until I can work again.
    They have ignored this and sent me a letter saying:
    'YOUR ACCOUNT HAS BEEN REFERRED FOR ISSUE OF A WARRANT OF EXECUTION UNDER WARRANT NUMBER XXXX AT XXXX (my dad's address).
    THE BAILIFF WILL NOW ATTEND AT YOUR PROPOERTY, WHICH MAY RESULT IN THE SEIZURE OF YOUR ASSETS AND/OR POSSESSION UNLESS YOU REPAY THE DEBT.
    Payments can be accepted by debit cards and in some instances credit card.'

    As said, I have offered to make a nominal payment until I am in a position to raise this. I have no savings and nothing to sell to give them more. I don't care what they do to me, but my dad is so poorly that I fear they may come while I am at the shops or something and scare him to death. I would move out on to the streets, but he needs me to look after him.

    I know it sounds dramatic, but if it were not for the fact my dad needs me here and that it would make him worse, I would rather be dead. I am so tired and I can't bear the thought of being the cause of distress to my dad.

    I spoke to the national debtline today and they were so helpful - I'd previously tried other so-called charities who obviously just wanted to sell me something. I have the forms to take to the court to ask them to adjust payments etc, but I am still so frightened the bailiffs will turn up and scare my dad before there is any ruling.
    My Dad is only on state pension and pension credit and the most expensive thing in the whole house is the television he bought from Morrisons last year for £149.

    Please help.
    Tags: None

  • #2
    Re: please help me, advice needed, warrant of execution

    Hi,

    I'm not a legal expert so I can't help you there, but someone will be able to help you. Just remember you're not alone and we're all here to offer you support.

    I'm sure someone will be along soon to help, so just take a deep breath and hang in there.

    Comment


    • #3
      Re: please help me, advice needed, warrant of execution

      Thank you. I am so worried and keep crying and I have to hide it from my dad because it will worry him and he is in enough pain. It's my fault, not his. Just want to know if I can stop them bothering him - even if it means I have to sleep outside or something. Thank you again.

      Comment


      • #4
        Re: please help me, advice needed, warrant of execution

        Originally posted by distressedcarer View Post
        Thank you. I am so worried and keep crying and I have to hide it from my dad because it will worry him and he is in enough pain. It's my fault, not his. Just want to know if I can stop them bothering him - even if it means I have to sleep outside or something. Thank you again.

        Yes, it can be very worrying, but once someone who knows what they're talking about has replied to you, you will feel soooo much better. So dry your tears and I'm sure someone will be along soon to help you x

        Comment


        • #5
          Re: please help me, advice needed, warrant of execution

          Bailiffs etc are not really my thing, but...........

          Who is the letter from? The court bailiffs presumably?

          Usually you would have 7 days to make a payment before a County Court bailiff might call. So when does that give you to?

          Did National Debtline advise you about fee remission of the £35 to suspend the warrant?

          I know the idea of bailiffs sounds scary, but as long a you stick by a few simple rules. Don't let them in, don't leave doors/windows open etc, then they are easy to deal with and are relatively powerless.

          Comment


          • #6
            Re: please help me, advice needed, warrant of execution

            Hello and thank you for replying. The letter is from the solicitors - it says 'your account has been referred for issue of a warrant of execution under warrant xxxx ...at my Dad's address'. So I do not know if they already have a warrant or not. I have got the forms to take to the court, but I am scared they will come to my dad's before the court makes a ruling in response to my offer of payment. I understand the guidance about not letting them in, but I cannot possibly explain that to my dad as he is 85 and very poorly. He will be scared.
            Thank you again for replying. I have felt very alone and frightened on top of two weeks of non-stop care for my dad, little sleep, not eating etc. I fear I am going a bit mad. It is good to say this outloud and anonymously as I am losing perspective. Thank you again.

            Comment


            • #7
              Re: please help me, advice needed, warrant of execution

              I would presume the warrant has been issued, otherwise they would not have been able to get a warrant number to quote on the letter.

              Assuming that you can take the letter on face value that they really have got a warrant of execution that is. Bryan Carter is not known for honesty in what they do or playing things straight.

              http://www.hmcourts-service.gov.uk/i...rant/court.htm
              The bailiff will usually send the defendant a letter saying that a warrant has been issued and that he or she must pay within seven days.
              So, assuming one is on the way, you have some time before anything happens.

              When are you going to be able to submit the forms?

              I can't remember if that will halt things immediately pending a hearing/decision, or whether that has to wait for a decision? I can probably find out before the weekend is over if really needed, as I know a few HMCS staff.

              Comment


              • #8
                Re: please help me, advice needed, warrant of execution

                double post
                Last edited by Nibbler; 29th January 2011, 20:50:PM.

                Comment


                • #9
                  Re: please help me, advice needed, warrant of execution

                  I have to take my father to the hospital Monday morning in Tooting so by the time I get him home and give him a meal, medication etc it will be the afternoon before I can get to the court in Croydon. I have asked a friend if they could take the letter for me in the morning, but that will mean I am unable to ask them what happens next. Not sure if I should wait until Tuesday and go myself. There is no-one else to take my Dad to hospital and it is an emergency appointment. Thank you so much for your kindness. You have no idea how just talking about this is helping me.

                  Comment


                  • #10
                    Re: please help me, advice needed, warrant of execution

                    Sorry - I meant to say, Nationadebtline did advise me about the remission fee and I have downloaded the form accordingly. I received the letter regarding bailiffs today, so if I did have seven days I would have a week I suppose?

                    Comment


                    • #11
                      Re: please help me, advice needed, warrant of execution

                      OK. Apparently (according to a member of HMCS staff who deals with this sort of thing).....

                      Even if an application to suspend a warrant goes in, the bailiffs are technically supposed to TRY to levy in the mean time, so that if the application is refused they can come straight back.

                      However, they also say that most of the larger courts the bailiffs won't bother and will return the warrant right away.

                      Also that "Applications are processed straight away once they are received, so the bailiff will know immediately."

                      So, although there are a few "if and buts", if you get that application in as soon as poss, it's likely that you will not see hide nor hair of a bailiff.

                      Comment


                      • #12
                        Re: please help me, advice needed, warrant of execution

                        Thank you again. I really cannot thank you enough for all the trouble you have gone to, contacting your contacts on my behalf.
                        I know I still have a massive problem, but I am no longer shaking from head to foot. You really have no idea how you have helped me, and I hope I can help you and the site in some way in the future. I tried to go to the welcome site to say hello etc, but couldn't find it. Not really a social network-type person. Just want you all to know I haven't just dived in and dived out. Your care is sincerely appreciated.

                        Jackie

                        Comment


                        • #13
                          Re: please help me, advice needed, warrant of execution

                          Originally posted by distressedcarer View Post
                          Thank you again. I really cannot thank you enough for all the trouble you have gone to, contacting your contacts on my behalf.
                          I know I still have a massive problem, but I am no longer shaking from head to foot. You really have no idea how you have helped me, and I hope I can help you and the site in some way in the future. I tried to go to the welcome site to say hello etc, but couldn't find it. Not really a social network-type person. Just want you all to know I haven't just dived in and dived out. Your care is sincerely appreciated.

                          Jackie
                          I'm so pleased you're feeling a little better and I'm sure it won't be long before you'll be helping someone else on this site who is frightened to start with.

                          Comment


                          • #14
                            Re: please help me, advice needed, warrant of execution

                            Originally posted by distressedcarer View Post
                            Thank you again. I really cannot thank you enough for all the trouble you have gone to, contacting your contacts on my behalf.
                            I know I still have a massive problem, but I am no longer shaking from head to foot. You really have no idea how you have helped me, and I hope I can help you and the site in some way in the future. I tried to go to the welcome site to say hello etc, but couldn't find it. Not really a social network-type person. Just want you all to know I haven't just dived in and dived out. Your care is sincerely appreciated.

                            Jackie
                            Glad that has helped a little.

                            Lets us know what happens.

                            Comment


                            • #15
                              Re: please help me, advice needed, warrant of execution

                              Link to new thread continuation Urgent, please help me again - Legal Beagles Consumer Forum
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

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