Writ of Control

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dr00ler
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Joined: 10 May 2016 21:12

#1 Writ of Control

Post by dr00ler » 04 Jun 2016 22:59

Hello

after a few years of financial meltdown due to a failed business I am finally getting things sorted, thought I had everything under control and just had to get my head down and pay things off.

This morning I received a Writ of Control from my local county court, which is for a credit card which would have been controlled by the consumer credit act. This came right out the blue and I had no idea a CCJ had been issued. I don't dispute I owed the money, however I do remember making an offer to the debt collection agency working on behalf of Cabot, and heard nothing.

Anyhow to my question, I dont think there is much point in applying for the decision to be set aside - since I owe it and I will pay it, and if I am correct it would cost £255 with form n244. What I do want to do is apply for the writ to be suspended and a the repayment varied to one I can afford, which I believe only costs £50 with form N245.

I have read on the CAB website that the court will send this to the creditor and they have 14 days to agree otherwise the court will decide, however the Writ of Control says a bailiff could visit as early as the 12th.

I was wondering if there is anyway to have the action suspended until after the creditor has agreed or disagreed, or the court has made a decision.

thanks

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Schedule 12
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#2 Re: Writ of Control

Post by Schedule 12 » 05 Jun 2016 11:49

Just ask the court to have a judge make an interim order.

If the debt arises from a consumer credit act regulated agreement then get it set aside and ask for your costs. You get a level playing field with the creditor when a judgment is set aside and no enforcement power is in effect.

Just include a copy of the original agreement.

The creditor might have to transfer the claim back down to county court. You can then defend the claim if a debt collector has bought the debt because you have no agreement with them and they do not have locus standi (a right to plead an action).
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Author: dealingwithbailiffs.co.uk

dr00ler
Posts: 8
Joined: 10 May 2016 21:12

#3 Re: Writ of Control

Post by dr00ler » 05 Jun 2016 12:19

How do I ask a judge to make an interim agreement ?

Also this credit card is from 7 or 8 years ago at least since I haven't had a credit card or loan for at least that time while I have been sorting out finances. I would not have a copy of the credit agreement. I am guessing I could ask Cabot for it ?

Also not sure cxactly about applying for costs etc and then how to word a defense based on they have no locus standi. Cabot claim to be regulated by the FSA, so wouldnt they know about locus standi and their rights after buying a debt ?

thanks

dr00ler
Posts: 8
Joined: 10 May 2016 21:12

#4 Re: Writ of Control

Post by dr00ler » 05 Jun 2016 12:20

sorry I mean interim order

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Schedule 12
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#5 Re: Writ of Control

Post by Schedule 12 » 05 Jun 2016 12:43

You need a debt advisor to challenge the lawfulness of the original credit card but I would say it's well out of time because it may have been statute barred when the original judgment was made.

Defend it.
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Author: dealingwithbailiffs.co.uk

dr00ler
Posts: 8
Joined: 10 May 2016 21:12

#6 Re: Writ of Control

Post by dr00ler » 05 Jun 2016 19:21

Jason,

when you say ask the court to make an interim judgement, is there a different form I use - or letter.

thanks again

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Schedule 12
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#7 Re: Writ of Control

Post by Schedule 12 » 06 Jun 2016 08:21

There is no template. I make them to order using a court form n244.
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Author: dealingwithbailiffs.co.uk

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