Debt Questions forum. General questions on debt issues.

Moderators: TalbotWoods, JaneClack

By foreverlost
#472920 Hi there
my partner received a letter in the post a couple of days ago the envelope was stamped from the local court
The letter states
To the debtor
You have not made payment under the judgment as you were ordered.The creditor has therefore asked for a warrant to be issued to the bailiff to seize and sell your goods. Unless you pay the amount due the county court before 1st march 2018 the bailiff will call and may remove your goods for sale at public auction .This may mean that you will have to pay further costs .

It asks for payment to be sent with the form to the local court office .

This is the first time hearing from them and really unsure what to do he works away (not back for 3 months ) and i don't understand how they have obtained my address as this is my home and my tenacny
Can they break into my home ? can they take my stuff im so so worried and i really don't know how to deal with this as i have never had an issue with my credit
My understanding is this is an old mobile phone debt issue he had around 3/4 years ago

hope to hear from you soon
User avatar
By JaneClack
#472922 Does he live at the address and register his mobile phone at the time at that address?

I am sorry to hear this. Basically all the creditor has to do is issue the claim form to the last known address of the debtor and if it was not responded to they would have got a default judgment and if not paid they can go for enforcement action. Has no other correspondence come from them as a claim form will have been sent.

It is your home but if the enforcement officers can prove he uses this as his main address they can try to get in so do not open the door to them or let them in. If they turn up explain he is out of the country and you know nothing about this but do not let them in. However, this looks like a county court debt and they are much more reasonable to deal with. As you are opening his post you need to get in touch with him and ask him to deal - he can ask for a variation order or even for this judgment to be set aside but it will cost. You should also contact the bailiff's office and explain he is not at the address.

It's not a question of your tenancy etc if he lives there - does he have any items of his left there when he is away? Bailiffs want payment they really do not want to remove goods and you would have to prove ownership if they get inside the house so please do not let them in and let them know the situation and get your partner to get this sorted.
By foreverlost
#472923 Thank you for the reply Jane ,
The mobile was not at my address it was done at his mums when he was living with her ,
I have told him about this i shall pass on your advice and i will definitely not let them in the house , Just scared that they could break in while out for work ect .
The only thing he has at mine are his clothes .
Once again thank you so much for you're reply
User avatar
By JaneClack
#472927 Yes, get in touch with him. They cannot break in in your absence without a warrant from the court and they are unlikely to get this. What also you do not want is them heading to his mother's address.