Notice of Issue of Warrant of Control

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stiggy77
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Notice of Issue of Warrant of Control

Post by stiggy77 » 13 Dec 2017 20:15

Hi I am asking some advise on behalf of a friend , he has had a CCJ against him by an ex Landlord to the sum of nearly 17 k. He did not show up in court as he was unaware of the action and the claiment was awarded in his absence. This is for rent arrears that have been claimed he owed , but he has paid the rent and most of the money was paid cash in hand . He now has till 21st Dec to pay otherwise.baliffs may sell goods . What are his next steps

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Syd Snitkin
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Re: Notice of Issue of Warrant of Control

Post by Syd Snitkin » 13 Dec 2017 21:46

He didn't get a receipt every time he paid rent?
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

stiggy77
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Re: Notice of Issue of Warrant of Control

Post by stiggy77 » 13 Dec 2017 22:19

No Reciept just a little black book ..

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Syd Snitkin
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Re: Notice of Issue of Warrant of Control

Post by Syd Snitkin » 13 Dec 2017 22:29

Who kept the book? If it was your friend then that wouldn't be of any use.

Is this a private or business tenancy?
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

stiggy77
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Re: Notice of Issue of Warrant of Control

Post by stiggy77 » 13 Dec 2017 23:07

It's a private rental , the landlord has complied a "spreadsheet" of the shortfalls that supposed to have accumulated. There is no evidence of any receipt as it was all cash .

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Schedule 12
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Re: Notice of Issue of Warrant of Control

Post by Schedule 12 » 14 Dec 2017 00:34

You need to make a witness statement saying you paid the rent in cash on a regular basis. It's 50/50 which way the court will go.

If the landlord did not use an approved deposit protection scheme, then you might be off the hook for all the rent. Section 212 to 215 of the Housing Act 2004. I don't remember the particulars of the case, because I passed the client (who received bailiffs recovering unpaid rent) to a solicitor who got them off because the claimant landlord did not use an approved deposit protection scheme.
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stiggy77
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Re: Notice of Issue of Warrant of Control

Post by stiggy77 » 14 Dec 2017 11:44

Does he need to apply for it to be set aside as bailiffs are due to take action from the 21st of December .

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Schedule 12
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Re: Notice of Issue of Warrant of Control

Post by Schedule 12 » 14 Dec 2017 11:56

Bailiffs never take action on a date they say they will. You are guaranteed that the 21st is a date the bailiff will not be attending.

If you have grounds to apply for a stay of execution then I would do so. Here is how it's done: http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm
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stiggy77
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Re: Notice of Issue of Warrant of Control

Post by stiggy77 » 14 Dec 2017 12:04

Basically he wants to put his side to the court , he had other bits of supporting evidence. As it stands he is liable for this money and is worried sick that the bailiffs are going to turn up . Just want to know what his next steps would be . Is it worth him getting a solicitor involved ? I know for a fact he not in a position to afford one ..

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Schedule 12
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Re: Notice of Issue of Warrant of Control

Post by Schedule 12 » 14 Dec 2017 12:15

If he cant afford a solicitor then he can approach the RCJ Advice Bureau on the 1st floor in the east block.

If he is on a low income then the application can be made for free. Just download and complete a form EX160, take photo ID with you and go to room EO1 in the east block at the RCJ.
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stiggy77
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Re: Notice of Issue of Warrant of Control

Post by stiggy77 » 14 Dec 2017 22:58

Will he need to apply for a stay or to get the judgement set aside ?

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Schedule 12
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Re: Notice of Issue of Warrant of Control

Post by Schedule 12 » 15 Dec 2017 00:23

Both, the stay is applied first and transferred to your home county court. Ask for your costs to be reserved, then apply at your home county court to set aside the judgment and ask for your costs.
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stiggy77
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Re: Notice of Issue of Warrant of Control

Post by stiggy77 » 15 Dec 2017 06:28

Sorry about this but I may have got this confused , the bailiff action is currently at County Court level at Chichester County Court ..

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Schedule 12
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Re: Notice of Issue of Warrant of Control

Post by Schedule 12 » 15 Dec 2017 13:03

Then you will get a document called a "notice of issue of a warrant of control". You need to either pay it, or apply to stay the execution.
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stiggy77
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Re: Notice of Issue of Warrant of Control

Post by stiggy77 » 15 Dec 2017 20:31

Which form is needed for the stay ? How much is it ?

stiggy77
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Re: Notice of Issue of Warrant of Control

Post by stiggy77 » 15 Dec 2017 20:39

I take it he has to apply to county court , he also needs the case reheard ?

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Schedule 12
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Re: Notice of Issue of Warrant of Control

Post by Schedule 12 » 16 Dec 2017 12:54

Form n244 and the fee is £50. You can ask for this to be "reserved" so it's set off the original judgment.

Apply to the High Court.
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