Warrant of control help.

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
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Beckz87
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#1 Warrant of control help.

Post by Beckz87 » 23 Jul 2017 00:03

I received a notice of issue of warrant of control letter on 21st July. I states that I have until 26th July to pay the amount on the letter or bailiffs will be coming to my house to seize and sell goods. Of course I am panicking about this as I don't want bailiffs coming to my home. I am currently on ESA benefits and cannot afford to pay what they are asking. And they have only given me 5 days to do so! I have been speaking with the creditor Lowell and I arranged to set up a monthly payment plan. However the amount they set was too high as like I said I am on benefits, so they asked me to fill out an expenditure form to show how much I could afford. I emailed this to them and heard nothing back. And forgot about it to be honest. The next thing is I receive this letter! Please help! Any advice is appreciated.
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Pote Snitkin
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#2 Re: Warrant of control help.

Post by Pote Snitkin » 23 Jul 2017 13:40

That order gives 2 different amounts, how much do you owe?

Did you defend this in court at the time?

As this is a County Court debt, the bailiff has no power to force entry and you do not have to let him in or even speak to him. Anything of value outside the property (eg car, bike, etc) can be seized. However, as this is a County Court bailiff rather than a private bailiff and they are easier to deal with as they don't work on commission.

If you didn't know you were taken to court at the time you can apply for the order to be set aside (stopped). This is form N244 in this link - https://www.gov.uk/county-court-judgmen ... e-judgment

If you did know about the court hearing but cannot afford the repayments you can apply for the order to be stayed (suspended) and varied (agree an amount you can afford). This is form N245 - https://www.gov.uk/county-court-judgmen ... -the-money

As you are on ESA, you would be exempt from paying any court fees. You would need to complete form EX160 - https://www.gov.uk/government/publicati ... bunal-fees
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Beckz87
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#3 Re: Warrant of control help.

Post by Beckz87 » 23 Jul 2017 14:09

I have to pay £179 by Wednesday and then the remaining balance after. I knew that there was a ccj and was contacting Lowell to reduce the monthly payments. Is there anyway to stop the bailiffs coming? If they do come I don't have to answer the door do I? Also I myself don't own a car but there are neighbours cars on my street so will they try take one of them? Could I try contacting Lowell again to rectify this? Also if I fill in that n245 form that won't be put into action before Wednesday will it?

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#4 Re: Warrant of control help.

Post by Pote Snitkin » 23 Jul 2017 14:18

Obviously you could try contacting Lowell again, but you say you've already done so with no joy. You can make the N245 application and inform the court bailiff that you've done so. In the meantime, pay to Lowell what you can afford each week, even if it's only a fiver.

No, you don't have to answer the door to him. A CC bailiff is not likely to target neighbour's cars.

Did you defend the claim at the time, ie ask Lowell for a copy of the original agreement or other proof of the debt? What was the original debt for? Lowell are a debt buying company, not the original company you owed it to.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Beckz87
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#5 Re: Warrant of control help.

Post by Beckz87 » 23 Jul 2017 14:31

Ok well I'll try contacting Lowell again and see if I have any response and complete the n245 form. The original debt is for a capital one credit card I had in 2008.

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#6 Re: Warrant of control help.

Post by Pote Snitkin » 23 Jul 2017 14:53

When was the last payment you made? When was the court hearing? This could turn out to be unenforceable.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Beckz87
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#7 Re: Warrant of control help.

Post by Beckz87 » 23 Jul 2017 15:00

I have no idea when the last payment was made? How can I find this out? I won't have been for a good few years. I didn't have a court hearing? I just received a letter saying there was a ccj and I had to pay £50 a month.

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#8 Re: Warrant of control help.

Post by Pote Snitkin » 23 Jul 2017 15:28

So you had nothing from the court before you received notice of the CCJ? In that case, you need to file the N244 form saying that the CCJ was made in default and that you believe this debt may be statute barred.

If you haven't made a payment for over 6 years then they cannot enforce the debt through the courts.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Beckz87
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#9 Re: Warrant of control help.

Post by Beckz87 » 23 Jul 2017 15:55

I have just found these letters amongst my letters. What do these mean? Also it seems this debt was passed to a company called Fredrickson and bryan carter?
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#10 Re: Warrant of control help.

Post by Pote Snitkin » 23 Jul 2017 16:18

That makes the 6 year time limit to enforce the debt somewhat tighter, but the advice is still the same. File the N244 with the grounds being that it was a default judgement and that you believe the debt may be statute barred under s5 of the Limitation Act 1980 and you want the opportunity to view the records of this alleged 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.

Beckz87
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#11 Re: Warrant of control help.

Post by Beckz87 » 23 Jul 2017 16:39

So none of those letters mean I had a court hearing before the ccj was issued? With regards to the bailiff attending shall I just not answer?

Beckz87
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#12 Re: Warrant of control help.

Post by Beckz87 » 23 Jul 2017 16:50

I have just read that they have to give you seven days to stop bailiff action. And even though the letter was dated 19th July, I didn't receive it until the 21st July and obviously two of those days are the weekend.

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#13 Re: Warrant of control help.

Post by Pote Snitkin » 23 Jul 2017 17:03

Beckz87 wrote:
23 Jul 2017 16:39
So none of those letters mean I had a court hearing before the ccj was issued? With regards to the bailiff attending shall I just not answer?
Those letter means you absolutely did have a court hearing but you didn't file a defence or attend, so you ended up with a default judgement. Not sure why it's taken them 2 years to start enforcing.

Don't worry about the 7 days thing, just get the N244 and the EX160 sent tomorrow and let the bailiff know what you've done. If he still comes round, it's no problem - you don't have to answer the door or let him in, and you don't have a car outside so there's little he can do other than knock again.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Beckz87
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#14 Re: Warrant of control help.

Post by Beckz87 » 23 Jul 2017 17:10

Do I have to print the forms out myself? They have to be posted? And can't be emailed? So I need to contact the bailiff direct to tell him what I've done and then it's up to him whether he attends or not? If I don't answer the door will he keep turning up at my house?

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#15 Re: Warrant of control help.

Post by Pote Snitkin » 23 Jul 2017 17:28

Yes you have to print them out and send them to the court. There are some strange parts that usually don't need filling in so make sure you also download a copy of the N244 notes. Any problems just get back to us.

I would contact the bailiff - if he later turns up, so be it. CC bailiffs are not one's to keep pushing you.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Beckz87
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#16 Re: Warrant of control help.

Post by Beckz87 » 23 Jul 2017 17:31

So you think it's best to fill out the n244 form and not the n245 form? The only problem is, is I don't have a printer and my relative who does have one is having their computer fixed at the moment and I don't know when they will get it back. So I might not be able to send the form in time.

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#17 Re: Warrant of control help.

Post by Pote Snitkin » 23 Jul 2017 17:36

Your local library would be able to print it. Email the completed copies to yourself, then print them out from a library computer.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#18 Re: Warrant of control help.

Post by Pote Snitkin » 24 Jul 2017 22:04

Beckz, if you decide to back here, it seems you've spent a day reading mostly useless, conflicting advice on another site. The simple fact still remains that you need to file an N244 with an EX160. If you are able to file them via email then that's all good. If you need help completing the form, just ask.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#19 Re: Warrant of control help.

Post by Michelle » 24 Jul 2017 23:22

A few days ago, I posted some example documents for a set aside application on this other thread: viewtopic.php?f=7&t=4642&p=69072#p68912

The principle is much the same and it's the same claimant. It looks like you did receive the claim form though, or was it sent to an old address? The claim form is dated over two years ago and so is the judgment. You'll need to be prepared to explain this delay to the court. With regards to limitation, the clock stopped on the date that claim form was issued, so you'd need to count back 6 years from then and not from now.
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