notice to issue warrant of control

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gr15228
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#1 notice to issue warrant of control

Post by gr15228 » 28 May 2017 21:16

Hi,

I have not sure if I have posted in the wrong area.

I have received a notice of warrant of control from the local county court to my parents address amongst other letters. I haven't visited this address for 2 months and have lived 200 miles for the past 12 months and am registered on the electoral register at the other address during that time .

The letter states there is a notice of issue of warrant of control and that debt collectors will be sent to my elderly parents house from the 5th june. This terrifies me as I have no means to pay, no assets and don't even live at this address. I could realistically pay the debt over 4 -6 monthly installments if given the opportunity.

Will this now be too late to halt the action and agree a repayment plan with the court / creditor. The hardest thing is I need to be back at my other home tomorrow for work so can't even visit the court.

This is really terrifying. Mainly because there are threats to go to my elderly parents address where I no longer live.

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Schedule 12
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#2 Re: notice to issue warrant of control

Post by Schedule 12 » 28 May 2017 22:25

You can still stop the action but you must act quickly. You can apply to set aside the warrant of control. You just need the county court claim number on the Notice. If it's not there, then post the notice up and we'll show you.

Enforcement will fail because you don't live at your parent's address, and they are not liable for your debt. If they get trouble, they must NEVER open the door to anyone they don't know. If they get shouty then they call police on 999 reporting a disturbance. NEVER open the door to police until the bailiff has quietly left the neighbourhood.

If the police keep asking you to open the door, just say you are unable because you have sought legal advice. For your parent's safety, it remains shut.

Here is how to apply to set aside a judgement. Your grounds the address is wrong and you did not know about it until bailiffs turned up at your parent's address.

DO NOT engage with the bailiff or the bailiff company. They will mess you about. Just get the enforcement power stopped.

http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm
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gr15228
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Joined: 28 May 2017 21:12

#3 Re: notice to issue warrant of control

Post by gr15228 » 28 May 2017 23:30

Hi,

Thank you for taking the time out to reply , it means a lot.

How will I delay this. Is this something I can do over the phone or do I have to post something.

I ready about delaying the warrant but it stated theres fees and I have limited money.

I want to avoid any ballifs arriving at the door. My parents are not aware of this and I don't want them to be, they are also quite naive and would probably let someone in.

Will the court be open on bank holiday monday as I really need to sort this.

If you could help me with this Jason I would truly appreciate this as I am at my witts end and you know alot more about all this than me.

thanks

gr15228
Posts: 3
Joined: 28 May 2017 21:12

#4 Re: notice to issue warrant of control

Post by gr15228 » 29 May 2017 13:21

Please see my letter attached
PRAWarrant.jpg
You do not have the required permissions to view the files attached to this post.

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Schedule 12
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#5 Re: notice to issue warrant of control

Post by Schedule 12 » 02 Jun 2017 21:20

Here is how to apply to stay a writ and set aside the judgment.


http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm

I offer this service for a fixed fee. It starts by setting up a telephone consultation. The link is in my signature.

I can also get it laid in court by a solicitor - fee applies, but you can reclaim it if you can show the transfer to the high court has no benefit for the creditor and it cost him £66 for a failed writ.
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Michelle
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#6 Re: notice to issue warrant of control

Post by Michelle » 02 Jun 2017 22:15

gr15228 wrote:
29 May 2017 13:21
Please see my letter attached
Although you covered up your personal details, the attachment showed full details of the claim number, etc. on the top right hand side. Have replaced the file with a blurred version.
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.

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Michelle
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#7 Re: notice to issue warrant of control

Post by Michelle » 02 Jun 2017 22:17

It doesn't look like this has been transferred to the High Court, may be because the debt arose from an agreement regulated by the Consumer Credit Act. The creditor is a well known purchaser of such debts.
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.

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#8 Re: notice to issue warrant of control

Post by Schedule 12 » 03 Jun 2017 19:55

Then if the claim is a defended one, the purchaser cannot bring the claim because he does not have have the grounds giving rise to the debt.

A purchased debt is just that. The buyer only owns the right to claim it. It's impossible to bring a defended claim for a purchased debt.

Last week I was lectured by a QC for a Mayfair venture capital partnership who enquired buying DWB clients debts owed by bailiffs and their creditors for unlawful bailiff action and detailed fee assessments.

DCA's use section 136 of the Law of Property Act 1925 to buy the right to a debt and to bring legal proceedings to recover it.

There is champerty, which prohibits exactly that.

http://legal-dictionary.thefreedictionary.com/champerty

because it involves paying a sum to purchase the debtor and amounts to sharing the proceeds of litigation.

The jury is out for the moment.
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