WARRANT OF CONTROL

We might be able to work it out.
Mitchy
Posts: 48
Joined: 31 Oct 2013 11:21

#36 Re: WARRANT OF CONTROL

Post by Mitchy » 05 Nov 2014 21:22

Thank you again Jason, I really appreciate your advice and I know that is x1000 fold from everyone else on this site, I will follow your instructions as I always have and will post the result which may benefit others, thank you.

Mitchy
Posts: 48
Joined: 31 Oct 2013 11:21

#37 Re: WARRANT OF CONTROL

Post by Mitchy » 06 Nov 2014 21:19

Hi Jason, thank you again for all of your very valuable advice. Today I did everything you suggested, I also found out a few other things following our discussion ie it is an offence to transport or sell without a passport.

I also discovered that the claimant delivered the Warrant of Control document personally at 7am, would it be normal for this to be taken out of the bailiffs hands and if so what would be her reason, cost?

As these people are particularly persistent, what do you think they could possibly do next?

User avatar
Schedule 12
Posts: 13453
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

#38 Re: WARRANT OF CONTROL

Post by Schedule 12 » 06 Nov 2014 21:28

I don't know much about equestrian matters but I didn't know it was an offence to transport or sell without their passport. Either wY it wouldn't be relevant because no horses were transported and the horses levied are not yours. In any event nothing can be levied anywhere other than the warrant address unless on a public highway. For example if you keep a horsebox on another persons farm, it cannot be seized.

This is a court bailiff. Salaried and are not persistent.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Mitchy
Posts: 48
Joined: 31 Oct 2013 11:21

#39 Re: WARRANT OF CONTROL

Post by Mitchy » 06 Nov 2014 21:46

Thank you for that.

If the bailiff now reports this as nulla bona, what options does the creditor have?

User avatar
Schedule 12
Posts: 13453
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

#40 Re: WARRANT OF CONTROL

Post by Schedule 12 » 06 Nov 2014 22:04

A charging order, but if no land held in your name, the debt dies.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Mitchy
Posts: 48
Joined: 31 Oct 2013 11:21

#41 Re: WARRANT OF CONTROL

Post by Mitchy » 11 Mar 2015 12:00

Hi Jason

I hope you are well.

I thought this might have gone away having heard nothing since November last year.

I have today received a further Notice of Issue of Warrant of Control. It's from the county court bailiff based at the court but a different name to the previous WoC.

Two questions if you don't mind advising please:

Is it the same process, to just sit it out?
Does this new Warrant discount the old one and if so, how long is this new warrant valid for?

Thank you!

User avatar
Schedule 12
Posts: 13453
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

#42 Re: WARRANT OF CONTROL

Post by Schedule 12 » 11 Mar 2015 13:42

I wouldn't know without knowing who the creditor is, why the creditor is suing you and what your intentions are. e.g. pay it, dispute it or ask for more time to pay.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Mitchy
Posts: 48
Joined: 31 Oct 2013 11:21

#43 Re: WARRANT OF CONTROL

Post by Mitchy » 11 Mar 2015 13:51

Thank you for your reply. The creditor is someone who did some work for my limited company, it has since folded. I inadvertently admitted the claim as an individual and received a judgment. I do not have the means to pay it, even a small offer. Last year bailiffs visited me from approx Sept - Nov, eventually I assume it was returned Null Bona as I have no means to pay.

Today as mentioned I have received a WoC posted yesterday from the court. The original judgment was for less than £600, this new warrant now amounts to £1000.

Any advice would be gratefully received.

User avatar
Schedule 12
Posts: 13453
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

#44 Re: WARRANT OF CONTROL

Post by Schedule 12 » 11 Mar 2015 15:23

You can apply for a set aside on the grounds the debt is by a Ltd company and the creditor obtained judgment and is enforcing against your personal goods.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Mitchy
Posts: 48
Joined: 31 Oct 2013 11:21

#45 Re: WARRANT OF CONTROL

Post by Mitchy » 11 Mar 2015 17:43

Thanks Jason, I took your advice and applied for a set aside after receiving the first warrant of control issued by this same creditor but unfortunately could not attend the hearing and it was ruled against me.

Would you suggest I should apply again, I could perhaps ask someone to represent me this time.

Is it normal the creditor would apply for a second warrant of control?

Thanks again.

User avatar
Schedule 12
Posts: 13453
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

#46 Re: WARRANT OF CONTROL

Post by Schedule 12 » 11 Mar 2015 20:02

I've not done a 2nd application for a set aside before. I would hazard a guess that if you were to make a repeat application then you will need a very persuasive reason for not attending the first one.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Mitchy
Posts: 48
Joined: 31 Oct 2013 11:21

#47 Re: WARRANT OF CONTROL

Post by Mitchy » 11 Mar 2015 20:13

Ok thank you Jason.

Is it usual then that I've been issued with a second WoC after almost 4 months of not hearing anything?

Thanks.

Mitchy
Posts: 48
Joined: 31 Oct 2013 11:21

#48 Re: WARRANT OF CONTROL

Post by Mitchy » 08 Jun 2015 18:15

The bailiff first visited my home in August 2014 and is still visiting every couple of weeks. My financial circumstances have become worse not better so I am still in no position to pay. He stopped leaving threatening letters and started to leave only a calling card. I returned home today to find the attached jammed into the door frame. This bailiff needs to get through electric gates to enter the property and has told my neighbours he has the code, we have no idea how, I have asked my landlord to change the code several times but it hasn't been done.

Is this new letter just an empty threat? I believe from reading the forum he is not able to levy without entering my property nor can he break in. This has put my mind at rest somewhat but I still feel like a prisoner in my own home knowing he can turn up anytime and batter on the glass door almost breaking it through! It's quite terrifying.

Any help or advise would be greatly appreciated.

Thank you.
You do not have the required permissions to view the files attached to this post.

User avatar
Schedule 12
Posts: 13453
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

#49 Re: WARRANT OF CONTROL

Post by Schedule 12 » 09 Jun 2015 10:58

That is not a prescribed enforcement document. Its only seen when the bailiff doesn't know where the debtor lives, and it's used to see it gets a reaction from the occupant.

You MUST change the code for your electric gates now. If he gets in then he will go after anything if yours that is moveable outside your property.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Post Reply