Urgent help required

[SCC]

My husband has just been advised that American Express has been granted a High Court Writ against him. Can anyone advise how a writ can be issued without us going to court. We were never advised that the case was going to court or advised of a court date.

 

Can you also advise what we should do next.

 

Any help would be most appreciated.

 

Many thanks

SCC

[saintly_1]

Have moved your post from DCA sucsesses to Legal Issues where it will get noticed more

[surfaceagentx20]

It depends what type of writ it is. Go back to pre-1998 days, before the introduction of the Civil Procedure Rules, legal proceedings for debt were commenced out of the High Court by writ of summons. Today we call them simply 'Claim Form' but there are lawyers long in the tooth who still call them by their old name.

 

On the other hand if having commenced legal proceedings for debt, whether in the High Court or county court, leading to a judgment for in excess of £5,000.00, enforcement of that judgment by the seizure of the debtor's goods can only be carried out by a writ of execution known as a writ of fieri facias.

 

If there haven't been any legal proceedings before, my guess is that in truth, American Express have issued a Claim Form (as opposed to having been granted one by the court) and whoever is telling you this is incorectly describing the process issued by use of the docment's old name.

 

x20

[RHOOD]

sent SUBJECT ACCESS REQUEST letter to the DATA CONTROLLER and get copy of original agreement