Warrant of Exectution

S

srhutch

Legend
 East Sussex, UK
Back in spetember 2002 my wife was involved in car accident with an uninsured driver. Our insurance company paid out minus the excess, and luckily we had only had the car a month ant I managed to negioate more than we had paid for the car, and I recevied our annual premium back as they took 1 day to long to pay out, and for whatever reason her no claims discount was reinstated about 6 months later.

Of course solicitors we employed by the insurance company (£20 well spent I guess) to try to collect the £6k from the other party. Last thing we heard was that hes was going to pay this off at £50 a month taking 10 years to do this, after which we would be entitled to our excess back.

Anyway I had forgotten all about this and in fact given up hope, but today my wife received a letter advising of a Warrant of execution against the other party. I have looked this up and it would appear when this is issued the other party will have seven days to pay the amount or baliffs will be sent round to collect what is owed. Hopefully then we can recover the excess which was around £500 from memory as my wife was only 24 at the time.

Question is does anybody on here have any experience of these and confirm this is how it works.

But it does look as if not all uninsured drivers get away with it :D

http://en.wikipedia.org/wiki/Warrant_of_execution
 
Without knowing the precise circumstances, I would say it sounds like the other party was ordered in the County Court to pay the costs at an agreed sum per month (£50.00 in your case ) and has failed to do so. eventually they are then sent a distress warrant requiring them to repay the full amount within 21 days (from memory) after which time the warrant can be 'executed'. The courts now employ private bailliff firms who will make charges for every visit, phone call, letter etc which is added to the principle sum. A bailiff will visit the address until they can speak to the debtor (making a charge every time) and if allowed access to the property they will perform what is known as a walking possession exercise. This means they will itemise everything of value in the property and prohibit the householder from selling it or removing it from the property (on sufferance of criminal proceedings) later (and at further cost) they will return with a van to remove the goods. At this stage the debtor will be given a final opportunity to settle the debt (by now much greater than the original sum) or have the goods removed to auction. They are then sold and the money forwarded to the creditor (you) If the sale of the goods did not raise sufficient monies to settle the debt, the process starts again and the debtor may be summoned to attend court to explain why they failed to adhere to the arrangement in the first place. In extreme cases where 'willful refusal' can be prove the court may exercise its powers of imprisonment. It is a myth that you cannot be imprisoned for debts. It is a last resort but the law does allow it.
 
Soory, meant to say that I guess he had stopped paying.

Think I might contact the solicitor and see if I can find out anymore info.
 
z4alfie said:
Without knowing the precise circumstances, I would say it sounds like the other party was ordered in the County Court to pay the costs at an agreed sum per month (£50.00 in your case ) and has failed to do so. eventually they are then sent a distress warrant requiring them to repay the full amount within 21 days (from memory) after which time the warrant can be 'executed'. The courts now employ private bailliff firms who will make charges for every visit, phone call, letter etc which is added to the principle sum. A bailiff will visit the address until they can speak to the debtor (making a charge every time) and if allowed access to the property they will perform what is known as a walking possession exercise. This means they will itemise everything of value in the property and prohibit the householder from selling it or removing it from the property (on sufferance of criminal proceedings) later (and at further cost) they will return with a van to remove the goods. At this stage the debtor will be given a final opportunity to settle the debt (by now much greater than the original sum) or have the goods removed to auction. They are then sold and the money forwarded to the creditor (you) If the sale of the goods did not raise sufficient monies to settle the debt, the process starts again and the debtor may be summoned to attend court to explain why they failed to adhere to the arrangement in the first place. In extreme cases where 'willful refusal' can be prove the court may exercise its powers of imprisonment. It is a myth that you cannot be imprisoned for debts. It is a last resort but the law does allow it.
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???

No Z4alfie.

A county court judgment does not have any monthly payment terms unless the debtor has applied for a variation after the judgment has been entered. Alternatively, the creditor may enter judgment on the basis of a pre-agreed monthly sum.

Notwithstanding, for arguments sake should the payment not be made then a warrant of execution ( money owed is in excess of £600+) may be applied for and once granted filed with a sheriff for execution.

A bailiff is employed by the county court directly and will collect sub £599 debts. A bailiff is not a sheriff so do not get the two confused. Neither has a right to force entry unless walking possession (it has previously been agreed that the item will be levied) is agreed.

The county court does NOT have ANY power of imprisonment for non payment of a private debt or judgment directly. Non cooperation of an order to attend or similar is a different story but in this instance there are NO powers of imprisonment.

For the record srhutch, Sheriff’s have a very poor success rate. In my past limited experience the threat of bankruptcy works better, that is provided the debtor has something of value that may be realised to discharge the debt. Usually if that is not the case then the debt is written off.

Morale of the story, do not hold your breath!
 
Are you sure you can't be imprisoned? Council tax afaik is a civil matter, which means it's a civil debt. People agree to the authority of a court when 'summoned', and in extreme cases have ended up in prison.
 
@dannyboy.....I profess to slight confusion here - where did a sheriff pop into th equation, surely thats a scottish thing?

I am assuming the warrant has been requested by the insurance company that would have been collecting the £50/mth? But its interesting that a lot of people think County Court proceedings start and end with the initial judgement and therefore never bother to progress to the warrant stage when they can't collect....worth doing just to piss off the offender IMHO. :thumbsup:
 
God, talk about digging up and old thread :poke:

I wondered what was going to to begin with. Needless to say we have heard bugger all, which is what I expected, and I did chase them up over christmas this year. I have no expectations in getting this money back, it's been 9 years now and we weren't out of pocket in the first place. I would like to know what if anything has happened though.
 
Boogle said:
Are you sure you can't be imprisoned? Council tax afaik is a civil matter, which means it's a civil debt. People agree to the authority of a court when 'summoned', and in extreme cases have ended up in prison.
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Council tax is dealt with by a Magistrates Court. The same have powers of imprisonment.

A Civil Court does not, except in very limited circumstances, i.e. contempt and non cooperation with a certain type of summons.

A CCJ does not have any liabilty in terms of imprisonment, unfortunately.

A lot more of the “scrote types” would definately be able to (suddenly) find the money to pay off far more of their debts if it was the case! Flowing from which, the country would most definately not be in such a shitty financial sitaution either! :thumbsup:
 
lacroupade said:
@dannyboy.....I profess to slight confusion here - where did a sheriff pop into th equation, surely thats a scottish thing?

I am assuming the warrant has been requested by the insurance company that would have been collecting the £50/mth? But its interesting that a lot of people think County Court proceedings start and end with the initial judgement and therefore never bother to progress to the warrant stage when they can't collect....worth doing just to piss off the offender IMHO. :thumbsup:
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No. Sheriff is correct. Google it if you are interested.

Problem with the Sheriff is that it incurs further costs (circa £100ish) on top of the court fees/solicitors cost already paid by the Claimant/insurance company. If the prospects of success are limited, it can be a foolhardy "fishing trip". Best to always check out the Defendant's liabilities prior to fuelling up the boat as nobody likes returning with an empty net, albeit sack is another thing altogether.

That said the Sheriff can be used as a “tool” to prompt payment and not many people would like a burly high court officer appearing on their doorsteps asking for money.
 
DannyBoy I'm still confused, AFAIK the only sheriff you'll find in England is the ceremonial unpaid post of County Sheriff and they aren't the sort of people you see out except at the Hunt Ball or some other such do.... :?
 
lacroupade said:
DannyBoy I'm still confused, AFAIK the only sheriff you'll find in England is the ceremonial unpaid post of County Sheriff and they aren't the sort of people you see out except at the Hunt Ball or some other such do.... :?
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A High Court Enforement officer is more commonly referred to as the "Sheriff" which has been handed down from English legislation in the late 1800s. :thumbsup:

An warrant of execution also attracts interest, a bailiff cannot impose such interest.

http://www.thesheriffsoffice.com/

http://en.wikipedia.org/wiki/Bailiff#England_.26_Wales
 
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