Please help received a warrant of control letter

Post Reply
rachd2311
Posts: 4
Joined: 24 Aug 2017 17:01

#1 Please help received a warrant of control letter

Post by rachd2311 » 24 Aug 2017 17:04

Hi
I hope someone can help yesterday I received a warrant of control letter from PRA group re an old welcome finance loan, its something I should have dealt with but didn't due to ongoing health issues. The letter states that bailiffs will call and it was issued through my local county court I rang up PRA and spoke to a lovely lady , i explained everything and she said they will hold my account for 30 days and will contact bailiffs and suspend action, i n the meantime I need to fill in a n245 form to set up a new payment plan, I want to stick to this and so will get the form and fill it out asap but as the time has now elapsed from original warrant of control I'm still scared of somebody calling round..do you think they will or will she have been able to stop it. I am beside myself with worry. Thanks

User avatar
Pote Snitkin
The Watcher
Posts: 6559
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#2 Re: Please help received a warrant of control letter

Post by Pote Snitkin » 24 Aug 2017 17:47

First thing is that rest assured that the bailiffs cannot force entry for this type of debt, although anything of value you own outside is a target, ie car, bike etc.

Can you provide more details of the debt -
  • how old is the original debt
    when was a payment last made
    which bailiff company is it, or is it a court bailiff
    did you defend the claim at the time
    are you on any of these benefits - income related JSA/ESA, Income Support, Universal Credit (and you’re earning less than £6,000 a year), Pension Credit (guarantee credit)
    if you're employed do you take home more than £1085 (single), or a joint £1245 (couple)
    do you have children under 18
Sorry for all the questions but it lets us know how to best advise.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

User avatar
Schedule 12
Posts: 13251
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#3 Re: Please help received a warrant of control letter

Post by Schedule 12 » 24 Aug 2017 18:15

An N245 accompanies an N244 to apply to vary the judgment so you can pay it off in installments at a rate you can afford.

On Part 3 of N244:
  • The Defendant applies for:

    a) An order to vary the judgment debt to be paid in periodical amounts of £[AMOUNT] for [NUMBER] of months until the judgment sum is paid starting on [DESIRED DAY DATE AND YEAR OF FIRST PAYMENT] with the final payment of £[AMOUNT] to be paid on the [DAY AND DATE AND YEAR]

    b) Costs
If you are on a low income, then delete (b) and complete a form EX160 with your N244 to apply for court fee remission.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

rachd2311
Posts: 4
Joined: 24 Aug 2017 17:01

#4 Re: Please help received a warrant of control letter

Post by rachd2311 » 25 Aug 2017 08:42

Thanks for your reply

Y
The original debt is from 2006
Not sure re last payment, had an agreement with welcome until it got passed on and from there seemed to lose control of it.
It is a court bailiff
I don't recall defending the claim, but I've had a year of ill health and hospital tests and tbh wasn't first on my priority list not making excuses but buried my head in the sand a little
Not on any benefits but earn on my own less than 6000
I am married so jointly will be more than the amount stated
No children
Hope this helps, I just want to set up arrangement which comes out each month and stick to it..

User avatar
Schedule 12
Posts: 13251
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#5 Re: Please help received a warrant of control letter

Post by Schedule 12 » 25 Aug 2017 10:37

You might be able to get the judgment set aside.

See if section 24 of the Limitation Act applies. It states:
  • 24 Time limit for actions to enforce judgments.

    (1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

    (2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.


If you have made a part payment without leaving a 6-year hiatus, then section 29 of the Act may apply.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

NickP
Posts: 17
Joined: 13 Jul 2017 09:43

#6 Re: Please help received a warrant of control letter

Post by NickP » 25 Aug 2017 11:41

Welcome Finance thereselfs are in default. Welcome no longer exists since 2011. PRA is a debt collection company.

Haha. Let them bailiff come. Unless HCEO, you have nothing to be worried about. Council tax bailiffs are not same as HCOE.

NickP
Posts: 17
Joined: 13 Jul 2017 09:43

#7 Re: Please help received a warrant of control letter

Post by NickP » 25 Aug 2017 11:44

this are your rights:
https://www.gov.uk/your-rights-bailiffs ... iff-visits

but bailiff dont attend for debt collection. Only HCEO. Since you say county court, nothing to worry.

User avatar
Pote Snitkin
The Watcher
Posts: 6559
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#8 Re: Please help received a warrant of control letter

Post by Pote Snitkin » 25 Aug 2017 12:09

Rach, I'd advise to get the judgement set aside on the basis that you believe the debt to be statute barred. There is a fee for this but you may be able to get a remission on some of it.

Welcome no longer exist so it's possible that PRA won't have sufficient paperwork to enforce the debt.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

rachd2311
Posts: 4
Joined: 24 Aug 2017 17:01

#9 Re: Please help received a warrant of control letter

Post by rachd2311 » 25 Aug 2017 12:35

I thank you all for the advice I will definitely look into it..I'm still concerned about someone coming round as its past the 7 days notice.I can't sleep for worrying but I have spoke to PRA and got a form and will look into advice on here, I even rung the county court bailiffs to explain what I've done, the receptionist said she would put a note on my account..just trying anything that will help.. Thank you everyone

User avatar
Michelle
Moderator
Posts: 1987
Joined: 10 Nov 2014 14:42
Location: Nuvion

#10 Re: Please help received a warrant of control letter

Post by Michelle » 25 Aug 2017 14:34

Schedule 12 wrote:
25 Aug 2017 10:37
You might be able to get the judgment set aside.

See if section 24 of the Limitation Act applies. It states:
  • 24 Time limit for actions to enforce judgments.

    (1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

    (2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.
Section 24 refers to judgments which were made over six years ago rather than debts that were statute barred when claim was issued.

To apply for set aside on these grounds, the debt itself should have been statute barred at the time the claim was issued. In that case, section 2 of the LA 1980 applies: http://www.legislation.gov.uk/ukpga/1980/58/section/5
Schedule 12 wrote:
25 Aug 2017 10:37
If you have made a part payment without leaving a 6-year hiatus, then section 29 of the Act may apply.
Section 29 refers to mortgages.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

rachd2311
Posts: 4
Joined: 24 Aug 2017 17:01

#11 Re: Please help received a warrant of control letter

Post by rachd2311 » 31 Aug 2017 14:01

Just an update on this and a couple of questions..I rang the bailiff office at the county court spoke to a lady who said that she would send me a n245 form and she also said no one would call this week as the guy wasn't in and she will put note on my account that I'd been in touch and she was sending me a form..next I contacted PRA who said that they have emailed the bailiffs at the county court asking them to suspend any action until I get my form into them..Firstly I want to know if you think this will help my case and stop them calling in the immediate future? and also the n245 form if I can pay the fee via cheque? Sorry for all the questions, finding this a nightmare I'm frightened of anyone turning up, should I email the bailiffs again asking politely if they will hold account? I don't want my partner to know and can't sleep at night

User avatar
Schedule 12
Posts: 13251
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#12 Re: Please help received a warrant of control letter

Post by Schedule 12 » 31 Aug 2017 15:15

If you are on a low income, download a form EX160 and attach it to your application. It might save you £255
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Post Reply