Warrant of Control - Securing Car?!

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Lionheart
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#1 Warrant of Control - Securing Car?!

Post by Lionheart » 14 Dec 2016 14:46

Hi there

I've made a separate thread for this as its getting a bit stressful.

I have a Warrant of Control in action for a CCJ I'm currently trying to set aside. Its worrying me that they could take my car at any moment. I currently parking it on private land away from the property but that can only continue for so long.

What can i do? My first thought was to sell it to someone else like a family member but apparently the law has changed:

https://www.citizensadvice.org.uk/debt- ... king-them/

Im not sure my Warrant of Control means my belongings are bound... Surely there is a way around it?

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Michelle
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#2 Re: Warrant of Control - Securing Car?!

Post by Michelle » 14 Dec 2016 15:26

I have replied to your other thread regarding setting aside this CCJ. No, the warrant doesn't mean your belongings are bound, that would only happen if you let the bailiffs in and they take control of your goods. You seem to have taken care of your car by parking it on private land away from your home.

As this is a civil debt, the bailiffs cannot force entry into your home, although they can walk in through an unlocked door. You don't have to let them in as you already know. Have you applied for a stay of the warrant? Bear in mind set aside applications are not decided immediately, most require a hearing, and the warrant remains live while you wait for a hearing date for your application and subsequent outcome.
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Lionheart
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#3 Re: Warrant of Control - Securing Car?!

Post by Lionheart » 14 Dec 2016 16:06

Michelle wrote:I have replied to your other thread regarding setting aside this CCJ. No, the warrant doesn't mean your belongings are bound, that would only happen if you let the bailiffs in and they take control of your goods. You seem to have taken care of your car by parking it on private land away from your home.

As this is a civil debt, the bailiffs cannot force entry into your home, although they can walk in through an unlocked door. You don't have to let them in as you already know. Have you applied for a stay of the warrant? Bear in mind set aside applications are not decided immediately, most require a hearing, and the warrant remains live while you wait for a hearing date for your application and subsequent outcome.
Hi just replied to your other reply :)

If my belongings are not bound this means I could potentially sell it to a family member or something along those lines? Which would allow me to park it outside my house and relieve my nerves.

No I've not applied to stay the warrant - How would I do this? I did ring the court and they said it would be stayed as soon as I pay the fee - but I wasnt sure about this..
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Schedule 12
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#4 Re: Warrant of Control - Securing Car?!

Post by Schedule 12 » 14 Dec 2016 17:43

Just to confirm, the debtors goods are bound when the warrant is issued: The law is provision 3 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 which states; (highlighed)
  • Binding property in the debtor's goods

    4(1)For the purposes of any enforcement power, the property in all goods of the debtor, except goods that are exempt goods for the purposes of this Schedule or are protected under any other enactment, becomes bound in accordance with this paragraph.

    (2)Where the power is conferred by a writ issued from the High Court the writ binds the property in the goods from the time when it is received by the person who is under a duty to endorse it.

    (3)Where the power is conferred by a warrant to which section 99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates' Courts Act 1980 (c. 43) applies, the warrant binds the property in the goods from the time when it is received by the person who is under a duty to endorse it under that section.

    (4)Where sub-paragraphs (2) and (3) do not apply but notice is given to the debtor under paragraph 7(1), the notice binds the property in the goods from the time when the notice is given.

The question for now is, did you get a notice? It looks like this

To apply to stay the warrant, then complete a form N244:
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Author: dealingwithbailiffs.co.uk

Lionheart
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#5 Re: Warrant of Control - Securing Car?!

Post by Lionheart » 14 Dec 2016 17:56

Hi Jason thanks for your input too.

No I've definitely not got that form you posted. The Notice of Warrant of Control is the only piece of mail I have received and that was only received after I contacted the courts.

Does this mean I could give away/sell my car to a family member? Just as a back up to trying to stay the enforcement. Its the most stressful thing at the moment because its outside and at risk and could make any further defence/application re the debt inconsequential (if they take it ).

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Schedule 12
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#6 Re: Warrant of Control - Securing Car?!

Post by Schedule 12 » 14 Dec 2016 19:09

If you didn't get the notice, then your goods are not bound. However the courts place the burden of proof on you the debtor in deciding whether the notice was actually given.

You make a sworn affidavit, and if the court decides subsequently that you were given the notice, then you can appeal on 1 count of factual error.

Here is a Template.
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Author: dealingwithbailiffs.co.uk

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Michelle
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#7 Re: Warrant of Control - Securing Car?!

Post by Michelle » 14 Dec 2016 20:12

I was referring to "bound" in the CGA sense. In this case, there's nothing stopping someone from lending their valuables to a good friend... ;)
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#8 Re: Warrant of Control - Securing Car?!

Post by Lionheart » 14 Dec 2016 21:20

jasonDWB wrote:If you didn't get the notice, then your goods are not bound. However the courts place the burden of proof on you the debtor in deciding whether the notice was actually given.

You make a sworn affidavit, and if the court decides subsequently that you were given the notice, then you can appeal on 1 count of factual error.

Here is a Template.
Great thanks Jason. I'll fill that out and take it to the solicitor in my village to sign. I take it that the part where it says an enforcement agent took an enforcement step at my current address on date___ is where I put the warrant of control action date(2/12/2016)?
Michelle wrote:I was referring to "bound" in the CGA sense. In this case, there's nothing stopping someone from lending their valuables to a good friend... ;)
Then this is what I shall do :) which would be the best way to do this in a legal ironclad sense so i have immediate presentable proof the valuable item is my good friends.. affidavit as well?

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Schedule 12
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#9 Re: Warrant of Control - Securing Car?!

Post by Schedule 12 » 14 Dec 2016 21:47

Bound goods, and Controlled goods are two separate meanings.

Bound goods is Paragraph 4 of Schedule 12 described above.

Controlled goods is:
  • Ways of taking control

    13(1)To take control of goods an enforcement agent must do one of the following

    • (a)secure the goods on the premises on which he finds them;

      (b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

      (c)remove them and secure them elsewhere;

      (d)enter into a controlled goods agreement with the debtor
    .
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