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| T O P I C R E V I E W |
| Worried Woman |
Posted - 09 July 2010 : 12:33:19
Hello,
One of my creditors has sent me a 'letter before action' today informing me that they prgressing the account to their pre-litigations system to complete relevant validations and they intend to pass the account to their solicitors on 13th July 2010 where they intend to seek an 'order of the court' to direct me to pay the outstanding monies and obtain a 'warrant of execution'.
I have my BR hearing booked for the 20th July.
1. Should I ring them and inform them that I am going BR on that date?
2. If I do nothing, will they have time to obtain this 'warrant of execution' before my BR hearing?
3. If I do ring them and inform them of the BR will they hurry things through to try to get this warrant?
Any advice would be very gratefully received.
Thank you.
OMG so worried and not sleeping. |
| 2 L A T E S T R E P L I E S (Newest First) |
| Bridgewood |
Posted - 09 July 2010 : 14:26:08
Hi Worried Woman
It is natural to be worried when you receive letters such as this.
However, if it is a letter before action, there is no "action" they can take that would cause you an issue before the 20th.
I agree with Richard P that the better option is to do nothing.
If they pass the file to their solicitor on 13th, the solicitor will write to you to tell you they have been instructed and give you a "final" chance to settle the debt, failing which they will commence proceedings.
Even if they commenced proceedings without any further notice to you, they would not be able to obtain any Court order prior to the 20th that would cause you a problem.
The warrant of execution can only be obtained after a judgment, which can only be obtained after they make application to Court for one - they just don't have enough time to get that far in a week (or even two weeks)
Good Luck
Bridgewood specialise in helping people deal with their debts and make the most of their financial situation - providing free, no obligation debt advice.
We can also setup a complete range of solutions including debt management plans, IVA and bankruptcy support. |
| Richard P |
Posted - 09 July 2010 : 13:11:43
Hi WW
this is just another if you dont do this we will consider doing this. one of a line of letters they regularily send out
even when they pass the file onto the solicitors, the solicitors will write to you and ask for your help in dealing with the finances outstanding. I would have thought you will be at court first
i tend not to suggest to speak to creditor until a week before court (if at all) yes they can accelerate the hearing if you tell them but with a weeks notice it would be too short for them to take action.
good luck regards Richard |
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