Aplins/Hillesden/DLC warrant of execution threat

[jwdd27]

Hi all,

 

We are being chased for a debt of around £6k, originally from a Virgin Money/MBNA credit card. Last payments/acknowledgement of debt were around July 2011.

 

Aplins successfully put a charge on our property for the amount owing earlier this year, and they then sent a nice (for them) letter saying they wouldn't be enforcing a sale, and things went quiet for a while.

 

However they've now sent a letter saying:

" We are about to issue a Warrant of Execution against you. This will incur additional fees and costs which will be added to the amount you already owe. Unless you pay the amount of the Warrant the Court Bailiff will call at your address with a view to taking an inventory and levying on goods belonging to you." They then tell me to contact dlc to make payment or come to an arrangement.

 

As they're pretty much guaranteed the money on sale of the house, I think this a strong course of action, and I am tempted to believe this is an idle threat, unless anyone tells me otherwise. Surely I could just point to the charging order and say I can't afford to make a payment?

 

When the court documents came through re: the charging order I didn't contest or respond to them as I'd assumed (perhaps wrongly, it appears from reading these forums) that Aplins etc would have all their paperwork, CCA's etc in order before they took it to court. Also, I have not CCAd DLC as yet - is it too late to do this now the charging order is already in place?

 

Any advice gratefully received as to the next course of action, we were going to write to them and offer to start making token payments, but a good afternoon on these forums has given me more stomach for a fight, and I'm now tempted to wait and see what they do next.

 

Thanks in advance

[citizenB]

I would not assume that this is just an evil threat.

 

What was the terms of the judgment for which they were then able to obtain a charging order ?

 

Was there no agreement for you to repay monies over a period of time ?

[citizenB]

I will alert those on the site team who might be able to advise - although they might not be around until tomorrow.

[jwdd27]

Thanks citizenb.

 

The original CCJ (Nov 2012) was just that we should pay all monies owing "forthwith", with no timescales. They then got the charging order at our local court in Feb 13.

[renegadeimp]

So theyve already had enforcement orders in order to get the CO, and are now trying to "double dip"?

[citizenB]

Thanks citizenb.

 

The original CCJ (Nov 2012) was just that we should pay all monies owing "forthwith", with no timescales. They then got the charging order at our local court in Feb 13.

 

A forthwith judgment means that you should pay the debt immediately or usually within 30 days. I think it might be in your interest to obtain a variation which you will need to apply for on Form N245.

[citizenB]

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n245-eng.pdf

 

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-do-owe-the-money-pay-the-judgment

 

http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/debt_bailiffs_e/how_to_stop_bailiff_action.htm

 

You can obtain a fee remission if you are on some benefits - I think you will need form EX160 for that.

[dx100uk]

did you ever get all the statements from mbna ?

 

dx

[jwdd27]

I've not requested all the statements from MBNA - would you recommend this? They were quite thorough and proper in terms of giving default and termination notices.

 

I'm getting the feeling this might be an occasion where the lender and DCA have done everything by the book - it's probably also significant that the debt has never been sold to anyone else (another debt of a similar age is on its 5th or 6th DCA).

 

I'll take a look at the N245 (thanks again citizenb)

[Ell-enn]

Surely the CCJ has been superseded by the Charging Order? I've seen this before with DLC - they say they won't enforce the CO by applying for an order for sale, but they will then ask you to make payment's towards the debt.

[dx100uk]

who says the whole debt WAS payable or owed

yes get that SAr off to MBNA