Notice of issue of warrant of control

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cypheruk
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Joined: 05 Dec 2015 13:17

#1 Notice of issue of warrant of control

Post by cypheruk » 05 Dec 2015 13:42

Hi, hope you can help me, at my old address i had wireless broadband from a company called vispa ltd, which was cut off when i left the address, now 12 months down the line i get a notice of issue of warrant of control for a sum of £637 make payment before 14th December or bailiffs will attend to remove goods.

i was not informed i had a debt, probably because i moved house, but in that case how come they know where to find me when they want to send the bailiffs, and i don't know where they get a figure of £637, could be because it was a 18month contract? or just things mounting up i don't know

this is the first Ive heard of this debt, hope you can help, i am on universal credit benefits

ps my wife has post natal depression so dont want to make a big fuss about it but im fuming its just turned up before Christmas

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monkeynuts
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#2 Re: Notice of issue of warrant of control

Post by monkeynuts » 05 Dec 2015 14:18

It seems that the company have applied to the court for payment and thus due to you moving you have not received the paperwork.

Run this compliance check and you will see there are actions you can take to assist.
http://www.dealingwithbailiffs.co.uk/fo ... &mf_page=2

Post back with your results and we can assist further.
An awake populous is a bailiffs worst nightmare!

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Schedule 12
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#3 Re: Notice of issue of warrant of control

Post by Schedule 12 » 05 Dec 2015 15:31

If you were not aware of the debt because proceedings were addressed to your previous address, then you can apply to have the judgement set aside. Use a court form N244.
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Author: dealingwithbailiffs.co.uk

cypheruk
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Joined: 05 Dec 2015 13:17

#4 Re: Notice of issue of warrant of control

Post by cypheruk » 05 Dec 2015 19:35

Thank you for the replies i appreciate it, i will do what you advise, i just find it funny the debt has just appeared due to me moving but was 12months ago, but now the bailiffs want to come they know my new address. also the sum is exactly an amount over the £600 which is stated on your site here, which is a ridiculous amount

"The original judgment debt is not compatible with criteria in Part 30.3 of the Civil Procedure Rules for transfer to the High Court"

"If the original judgment debt fails at any point, or the original judgment debt is under £600, or the sum is in dispute etc, then you can apply to have the order set aside quoting the relevant rule from the list that applies to your case."


@jasonDWB do i ring the county court office and ask them to send me the form?

@monkeynuts Im doing the compliance check now

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Schedule 12
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#5 Re: Notice of issue of warrant of control

Post by Schedule 12 » 05 Dec 2015 22:32

You contact the district registry that issued the writ. Not the original county court that issued the judgement.

If the judgment is under £600 then you can set it aside for non compliance with rule 30.3. Always ask for your costs - The court fees.
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Author: dealingwithbailiffs.co.uk

cypheruk
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Joined: 05 Dec 2015 13:17

#6 Re: Notice of issue of warrant of control

Post by cypheruk » 06 Dec 2015 22:30

i think my best bet is ringing the court tomorrow as i have the phone number and asking them for a form N244, ill explain to them that i have only just been informed of the debt has i moved from the address 12months ago, ill let you know what they say,

@jasonDWB the judgemnt is for £637.59 which i totally dispute as obviously there is costs what they have put on, but i bet the original sum was well under that amount, how would i find out the district registry that issued the writ?

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Schedule 12
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#7 Re: Notice of issue of warrant of control

Post by Schedule 12 » 07 Dec 2015 08:30

Ask them for a copy of the writ.
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cypheruk
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Joined: 05 Dec 2015 13:17

#8 Re: Notice of issue of warrant of control

Post by cypheruk » 08 Dec 2015 00:07

thank you for your time and knowledge

ive got an N244 form from here
http://hmctsformfinder.justice.gov.uk/c ... 44-eng.pdf

on question 3 what order am i giving them, am i asking them to set the judgement aside since i had no knowledge of the debt has i had moved house over 12 month ago?

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Schedule 12
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#9 Re: Notice of issue of warrant of control

Post by Schedule 12 » 08 Dec 2015 16:16

Something like this:

The Defendant applies for:
  • a) The Writ of Control to be set aside

    b) Costs

    Because:-

    The judgment was made in the Defendant's absence and without the Defendant's foreknowledge
It always helps to give the address(es) for enforcement as it is shown on the writ, and your current address, the bailiff seeks enforcement.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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