Hfc/restons Claim now CCJ - missed payments.

[dx100uk]

merging threads

all the info is in the old one

though i recognise the name.

 

you really need to stick to one thread per debt.

[dx100uk]

threads merged and moved to HFC forum

 

dx

[Ell-enn]

How long does it take for a warrant of execution to be issued. i dont really want baillifs turning up

 

It depends, but if they have given you till 14th Sept to pay then they shouldn't apply till after that date. That is why you need to send the letter tomorrow by recorded delivery so they get it on Tuesday (13th). If they issue a warrant you will have to pay £100 on top of the missed payments and payment has to be made to the bailiff's office at the court.

[dx100uk]

there is a break in the history between the two merged threads

 

can you tell us what happened at the redetermination and what the judge said about payment?

is this an arrangement with reston to pay £XXPCM or from the court judgement?

 

dx

[dirkfunk]

Court judgement was £xx per month which i have been paying to restons as ordered by court.

[dirkfunk]

What next steps would restons be taking if they chose to ignore my reasons for late payment.

 

Will they be going back to court for enforcement?

 

Do i have a right of reply if it goes there?

 

How long does this take, and how long before the knock at the door?

 

Sorry for all the questions, anxious

[Ell-enn]

You don't make payments in line with the court order:

 

The lender will apply to the court for a warrant of execution, this could take between 7 and 14 days.

You will then receive a letter from the court bailiff's office advising you that you need to pay or they will call to levy goods for removal - they usually give a few days to make payment and you will be charges £100 on top of the amount of payment the lender is asking for - you could end up being asked to pay around £200

If you don't make payment to the court by the date on the letter, the bailiff will call at your home.

 

So probably around 14 - 21 days before the bailiff calls.

 

However, when you receive the letter from the court you can enter an N245 form at court asking for the warrant to be suspended based on your offer of payment by installments - the fee to enter the N245 is £40.00. The bailiff office should suspend further enforcement while the judge considers your N245 offer.

[dx100uk]

Court judgement was £xx per month which i have been paying to restons as ordered by court.

 

 

ok when this is settled

i want to look at PPI and unlawful charges.

 

dxd

[dirkfunk]

Well i have to say i'm a bit surprised. phoned restons, explained the situation and they were very understanding.

 

Gave me enough time to get back on track.

 

Cheers everyone

[Ell-enn]

Great stuff - trust you took the name of the person you spoke to ?

[dirkfunk]

an update to this, i recently caught up with my late payment but not before this months payment was a little late, two days later received a warrant of execution from the court for the late payments.

 

i'm almost there on satisfying the judgement, annoyed with myself for losing discipline

 

question is, can i still make the payment to restons directly and avoid the bailiffs calling or do i have to pay the court. warrant says i have till friday to pay £xxx.

 

Any advice on this would be gratefully received

[dx100uk]

pay restons

advise the bailiff if they call it was paid xx date and restons are aware

 

dx

[Ell-enn]

Call Restons and make the payment, make sure you are able to get some form of proof (print out from internet banking?) - they will most likely have added the cost of applying for the warrant to your account (£100 I think). You should then phone the bailiff - there will be a number on the warrant - court bailiffs are usually very reasonable and ok to deal with as they are salaried employees of the court unlike private bailiff companies where the bailiff is paid on how much he can collect!