What should I do?
It's recommended you deal with a Warrant of Execution as soon as possible - contact us for advice and guidance. We can:
- Negotiate with Bailiffs
- Obtain a court order to suspend Bailiff action and arrange affordable monthly payments
- Acquire a court order in your favour (known as a ‘time order')
- Help with your debt issues
Procedure
- An application for a Warrant of Execution can be made by the creditor at any point to recover a debt between £50 (£600 in Scotland) and £5,000, including application costs and court fees.
- If the amount sought is more than £5,000 it can be enforced in the High Court using a Writ of Fieri Facias (often called Fi. Fa).
- Upon issue of the Warrant the court will transfer the case to the debtor's local court and inform them in writing.
- The defendant has 7 days to pay the amount - whereby the warrant is cancelled.
- If the debtor doesn't pay, the Bailiff will visit their premises (usually within 15 working days) and identify items that can be sold at auction.
- Goods are usually removed and any storage costs are added to the outstanding balance.
- The items are auctioned - normally without a reserve price - and the resulting amount (less auctioneer fees) is paid to the creditor.
- If there is still an outstanding balance, the Bailiff may seize further goods. Alternatively he can take payment from the debtor or allow them to gather funds. If the debtor agrees to pay later, the Bailiff may take walking possession of goods as a guarantee of payment.
Residential Property
If the property is occupied then the Bailiff may only enter with the permission of someone inside. If nobody is present, the Bailiff can enter through an open window, unlocked door or other unsecured entrance.
If the Bailiff has previously been admitted and is returning to collect payment or goods to be sold, they have a right of entry even if the occupants refuse to let them in.
Business Premises
If there is no living accommodation attached and the Bailiff has good reason to believe the debtor has goods inside, they may force entry.
Goods that cannot be seized
The Overriding Objective of the Civil Procedure Rules 1998 currently limits goods which the Bailiff may take. Goods cannot be taken if they are:
- Required by the debtor to carry out business - for example a tradesman's tools or reference books
- Essential household items such as clothing or bedding
- Items which do not belong to the debtor or those subject to a hire purchase agreement. However jointly owned items can be seized.
- Marked for seizure by another Bailiff with a different warrant
Suspending a warrant
A defendant may apply for the suspension of a Warrant of Execution, which must include reasons - for instance an offer to pay by installment. This usually requires a fee.
The court then informs the creditor who must decide whether they agree to the suspension, or if not they must state why and make a counter offer.
If the suspension is contested the court will list the application for a hearing, where it will decide whether the warrant should be suspended and what terms apply.
Extending a warrant
Warrants last for a period of one year from the date of issue. In some cases a fee can be paid to extend the warrant's life, but the creditor must provide the court with a sufficient reason and apply before the warrant expires.
What next?
Get professional debt advice from Clear Financial Solutions
Just contact us by either:
- Calling 0845 1120 570
- Filling in our contact form and we will call you back.
