Warrant of Control to a persons not living at the address.

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MROOD
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#1 Warrant of Control to a persons not living at the address.

Post by MROOD » 05 Aug 2017 15:02

Hello

I am very new to this so please bear with me, I believe this is a simple issue.

Basically my sister has received a Notice of Issue of Warrant of Control, they are chasing £796.55 to which she knows nothing of.

The creditor is Cabot Financial, does she write to Cabot or the court, there is no contact info on the warrant.

It is referring to her ex husband, they have been separated for the past 10 years now

My sister lives alone and they have not officially divorced, just separated, unfortunately my sister has received many debt letters mailed directly to her ex partner, she has always responded saying he does not live there no more, she also returned a lot of letters marking them as "Addressee Gone Away"

now she has received this enforcement and the fact is:

The person who owes the money does not live at this address, he has NOT been there for the past 10 years!

She tried to remove him from the mortgage but was unable to do so because she could not take out another mortgage, I suspect this is why they think he lives there.
Now everything at this private home is owned by her, there is nothing at the address that connects her to him.

I have advised her to not open the door, but is there anything she can do to stop this enforcement? she has asked me to move in with her for 2 weeks as she is afraid but I have told her not to worry.

Who can she complain to? can she complain to Cabot Financial for harassment as she has nothing to do with the debt?>

she basically has 2 weeks and she does not want a visit.

She said she wants to pay but I have said no as she is not the person responsible for the debt, she has nothing to officially prove that he has gone so what can she do?

Please can anyone help?

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Pote Snitkin
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#2 Re: Warrant of Control to a persons not living at the address.

Post by Pote Snitkin » 05 Aug 2017 16:25

She needs to contact Cabot direct and explain the situation. If she has her ex-husband's address then let them know.

The bailiff cannot force entry nor take goods belonging to anyone but the debtor.
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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Schedule 12
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#3 Re: Warrant of Control to a persons not living at the address.

Post by Schedule 12 » 05 Aug 2017 16:37

Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

MROOD
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#4 Re: Warrant of Control to a persons not living at the address.

Post by MROOD » 05 Aug 2017 17:07

Schedule 12 wrote:
05 Aug 2017 16:37
Statutory declaration.

Template.


http://www.dealingwithbailiffs.co.uk/de ... e-away.htm
hello. thanks for the swift response

sorry, whats the statutory declaration? is it a letter that my sister needs to complete? or a form that needs to be completed>?

I think i know why they sent this to my sisters house, its because she pays her council tax by Direct debit and i think she has not changed the name, so im thinking that they think he still live there because the records have not been updated, i will tell her to call the council to change the name.

MROOD
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#5 Re: Warrant of Control to a persons not living at the address.

Post by MROOD » 05 Aug 2017 17:16

Pote Snitkin wrote:
05 Aug 2017 16:25
She needs to contact Cabot direct and explain the situation. If she has her ex-husband's address then let them know.

The bailiff cannot force entry nor take goods belonging to anyone but the debtor.
but i thought if she contacts Cabot they will ignore her?

because the warrant of control has already been issued will she need to contact the courts?

I mean will she have to call the courts or anyone else?

thanks

MROOD
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#6 Re: Warrant of Control to a persons not living at the address.

Post by MROOD » 05 Aug 2017 17:19

Schedule 12 wrote:
05 Aug 2017 16:37
Statutory declaration.

Template.


http://www.dealingwithbailiffs.co.uk/de ... e-away.htm
sorry i see the template so I will tell her to complete is but does she have to get the Statutory declaration stamped or verified by a judge or solicitor?

and how can this be done?

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Pote Snitkin
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#7 Re: Warrant of Control to a persons not living at the address.

Post by Pote Snitkin » 05 Aug 2017 17:28

MROOD wrote:
05 Aug 2017 17:19
sorry i see the template so I will tell her to complete is but does she have to get the Statutory declaration stamped or verified by a judge or solicitor?

and how can this be done?
She needs to take it to any High St solicitor who will witness it and charge about £5.
but i thought if she contacts Cabot they will ignore her?

because the warrant of control has already been issued will she need to contact the courts?

I mean will she have to call the courts or anyone else?
The 'courts' can't do anything, the bailiff won't listen, only Cabot can stop enforcement. Once Cabot have been made aware that the debtor doesn't live there and hasn't done for 10 years it will then be their responsibility to stop enforcement. If she phones them ensure she backs this up in writing either by email or by post (sent recorded).
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

MROOD
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#8 Re: Warrant of Control to a persons not living at the address.

Post by MROOD » 05 Aug 2017 17:57

Pote Snitkin wrote:
05 Aug 2017 17:28
MROOD wrote:
05 Aug 2017 17:19
sorry i see the template so I will tell her to complete is but does she have to get the Statutory declaration stamped or verified by a judge or solicitor?

and how can this be done?
She needs to take it to any High St solicitor who will witness it and charge about £5.
but i thought if she contacts Cabot they will ignore her?

because the warrant of control has already been issued will she need to contact the courts?

I mean will she have to call the courts or anyone else?
The 'courts' can't do anything, the bailiff won't listen, only Cabot can stop enforcement. Once Cabot have been made aware that the debtor doesn't live there and hasn't done for 10 years it will then be their responsibility to stop enforcement. If she phones them ensure she backs this up in writing either by email or by post (sent recorded).
i see so she has to take her ID to a solicitor or a county court and get the statutory declaration signed and stamped

then she posts that to Cabot via recorded delivery?



lastly the enforcement officers, do they work for the courts or Cabott?

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Pote Snitkin
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#9 Re: Warrant of Control to a persons not living at the address.

Post by Pote Snitkin » 05 Aug 2017 18:06

MROOD wrote:
05 Aug 2017 17:57
i see so she has to take her ID to a solicitor or a county court and get the statutory declaration signed and stamped
The solicitor is the best option. Make a few photocopies and send them all recorded.
then she posts that to Cabot via recorded delivery?
Yes, but I'd phone them as well to move things along. A letter could take a week to be seen.

lastly the enforcement officers, do they work for the courts or Cabott?
If you can tell us whether the enforcement letter is from the court or from a private company. What does it say at the top?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

MROOD
Posts: 10
Joined: 05 Aug 2017 14:36

#10 Re: Warrant of Control to a persons not living at the address.

Post by MROOD » 05 Aug 2017 18:20

Pote Snitkin wrote:
05 Aug 2017 18:06
MROOD wrote:
05 Aug 2017 17:57
i see so she has to take her ID to a solicitor or a county court and get the statutory declaration signed and stamped
The solicitor is the best option. Make a few photocopies and send them all recorded.
then she posts that to Cabot via recorded delivery?
Yes, but I'd phone them as well to move things along. A letter could take a week to be seen.

lastly the enforcement officers, do they work for the courts or Cabott?
If you can tell us whether the enforcement letter is from the court or from a private company. What does it say at the top?
Image

it states notice of issue of warrant of control county court business centre


MROOD
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Joined: 05 Aug 2017 14:36

#12 Re: Warrant of Control to a persons not living at the address.

Post by MROOD » 05 Aug 2017 18:25

sorry its not letting me upload the letter

my sister has her driving licence registered in the same address, does she take that and the STATUTORY DECLARATION and then post it to cabot?

she is not responsible to the debt, she lives alone in the property and I dont see why she she should be made responsible

is there anything else she can do?

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Pote Snitkin
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#13 Re: Warrant of Control to a persons not living at the address.

Post by Pote Snitkin » 05 Aug 2017 19:22

She takes the driving licence with her to the solicitor as proof of ID. She posts a copy of the stat dec to Cabot. If she has his new address then pass it over.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

MROOD
Posts: 10
Joined: 05 Aug 2017 14:36

#14 Re: Warrant of Control to a persons not living at the address.

Post by MROOD » 07 Aug 2017 17:28

Hello

Just an update

I called Cabot and put in a complaint stating that we already notified then that the debtor does not live at that address nor has he for 6-7 years

The chap whom I spoke to said he will notify the relevant department to update their records, but he seemed like he didnt know what was going on, he asked me to call the company on the letter but the only details on the NOTICE OF ISSUE OF WARRANT CONTROL is Cabot and the courts, a payment line and im sure the courts will not take a query in.....

Anyways I visited 2 local solicitor firms, explained the situation where Cabot have arranged for enforcement officers to visit my partners property and seize goods.

The 1st one said they can write up a Stat Dec and write a covering letter at a charge of 2 hours, £180x2 which is £360 charge, payable up front.

The second solicitor asked me if I had documents so I said yes, the stat dec that was posted above, I believe I have to fill in the missing parts, she said it will cost £5 cash

Now which one shall I do, and really because the debtor no longer lives at this address and Cabot have started this scenario, could we not claim the monies back from Cabot as it is their error and that we can prove the debtor does not live at this address?

Can anyone advise?

Thanks

MROOD
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Joined: 05 Aug 2017 14:36

#15 Re: Warrant of Control to a persons not living at the address.

Post by MROOD » 07 Aug 2017 18:37

MROOD wrote:
05 Aug 2017 18:20
Pote Snitkin wrote:
05 Aug 2017 18:06
MROOD wrote:
05 Aug 2017 17:57
i see so she has to take her ID to a solicitor or a county court and get the statutory declaration signed and stamped
The solicitor is the best option. Make a few photocopies and send them all recorded.
then she posts that to Cabot via recorded delivery?
Yes, but I'd phone them as well to move things along. A letter could take a week to be seen.

lastly the enforcement officers, do they work for the courts or Cabott?
If you can tell us whether the enforcement letter is from the court or from a private company. What does it say at the top?
Image

it states notice of issue of warrant of control county court business centre
sorry with regards to the stat dec and above, shall we post the original to cabot? also any pointy of posting a stat dec to the courts?

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