Adive and Help Please - Notice of Issue of Warrant of Control

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lawless_91
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#1 Adive and Help Please - Notice of Issue of Warrant of Control

Post by lawless_91 » 23 Jul 2016 16:15

Hi,

I have just opened a letter from I believe Leeds county court business centre. I no longer live at the address In Leeds I live in Manchester, I don't know what the debt is i presume a old credit card I never paid back, my parents live at the address in Leeds and mail my post on or give me it when they see me, but I have had no notice of a ccj being applied. I previously have had two CCJ's in 2014, but it is not either of those and nothing on my credit report i just don't really know what to do with it, as i can't pay it and really don't want my parents hassled. I have attached it but blanked personal bits out.

Thanks in advance

**Admin can you move this to wherever it best fits I couldn't tell.
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Schedule 12
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#2 Re: Adive and Help Please - Notice of Issue of Warrant of Control

Post by Schedule 12 » 23 Jul 2016 17:02

You can apply to set aside the warrant of control.

It's the same as applying to set aside a High Court writ, as explained here: http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm

The difference is the N244 is filed at the County Court address on your document.
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lawless_91
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#3 Re: Adive and Help Please - Notice of Issue of Warrant of Control

Post by lawless_91 » 23 Jul 2016 17:12

Thanks fr the reply. I am not even sure i have a ccj though? there is nothing showing on my credit report and i received no letter that one had been applied/granted

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#4 Re: Adive and Help Please - Notice of Issue of Warrant of Control

Post by Schedule 12 » 23 Jul 2016 17:24

Phone HM Court Service and ask whether the document is genuine.

I see it says "case number" where it normally say "claim number".
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#5 Re: Adive and Help Please - Notice of Issue of Warrant of Control

Post by lawless_91 » 23 Jul 2016 17:30

I will but can't until 9am on monday apparently, does it look genuine?

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#6 Re: Adive and Help Please - Notice of Issue of Warrant of Control

Post by lawless_91 » 23 Jul 2016 18:04

so i have ordered my equifax credit report and noddle report and neither have any new ccj added, i am really confused.

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#7 Re: Adive and Help Please - Notice of Issue of Warrant of Control

Post by Schedule 12 » 23 Jul 2016 18:43

Its missing information such as the N24 number and its format is one I haven't seen before.

Does the creditor look genuine?

Ask the court, and if it's not genuine, then report it to the police. It's an offence to make forged court documents.
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#8 Re: Adive and Help Please - Notice of Issue of Warrant of Control

Post by lawless_91 » 25 Jul 2016 10:33

Yes it's genuine relates to a CCJ that was registered in Northampton by HSBC bank in 2014, the debt is now owned by hoist portfolio which i believe is a trading name for Robinson way, I have rang Leeds court and told them i have changed address which they have noted so hopefully won't bother my parents with it.

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#9 Re: Adive and Help Please - Notice of Issue of Warrant of Control

Post by Schedule 12 » 25 Jul 2016 11:55

This makes no sense. Why would HSBC give a judgment to a debtor collector?

They don't have an enforcement power. If the judgment was real then they can give it to an enforcement agent (a bailiff) who can recover the debt using the Schedule 12 enforcement procedure.
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#10 Re: Adive and Help Please - Notice of Issue of Warrant of Control

Post by Michelle » 25 Jul 2016 12:03

lawless_91 wrote:Yes it's genuine relates to a CCJ that was registered in Northampton by HSBC bank in 2014, the debt is now owned by hoist portfolio which i believe is a trading name for Robinson way, I have rang Leeds court and told them i have changed address which they have noted so hopefully won't bother my parents with it.
You don't want them to bother you either so you should apply to get the warrant suspended. You need to fill in an N245 which you'll find here: http://s3-eu-west-1.amazonaws.com/hmcts ... 45-eng.pdf

CCJs are only enforced with bailiffs when no payments are forthcoming, the intention is to make you pay rather than to actually seize your goods for sale. For that reason, offers backed with a financial statement are accepted. Presumably you never paid into this judgment because you were not aware of it. If you agree a monthly installment, they cannot enforce with bailiffs while you maintain your payments.

Tick the box saying you wish to apply for a suspension of the warrant. You need to provide your financial statement on page 2 and make a monthly installment offer you can afford, based on your financial details. Make sure you set your offer at a sustainable level, because if you fail to keep up with the payments, the warrant can be re-activated. If your circumstances change in the future, you'll need to fill in another N245, this time requesting a variation of the installment order, to avoid bailiff action.

A £50 fee is payable for the application (may be good to re-check, as court fees often change). In certain circumstances, you may qualify for remission of the fee, see here: https://www.gov.uk/government/uploads/s ... 0a-eng.pdf and this is the fee remission form: https://www.gov.uk/government/uploads/s ... 60-eng.pdf
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#11 Re: Adive and Help Please - Notice of Issue of Warrant of Control

Post by Michelle » 25 Jul 2016 12:06

jasonDWB wrote:This makes no sense. Why would HSBC give a judgment to a debtor collector?
HSBC would have sold the debt to Hoist who are debt purchasers.
jasonDWB wrote: They don't have an enforcement power. If the judgment was real then they can give it to an enforcement agent (a bailiff) who can recover the debt using the Schedule 12 enforcement procedure.
These days judgment creditors are increasingly using bailiffs to enforce CCJs where the debtor is not making payments, usually because they obtained default judgment and thus the debtor is unaware of the judgment.
A quick check of the public record of judgments should show whether there actually is a CCJ: http://www.trustonline.org.uk/search-yourself
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#12 Re: Adive and Help Please - Notice of Issue of Warrant of Control

Post by Schedule 12 » 25 Jul 2016 12:12

Robinson Way is mentioned, and they are not bailiffs. They are common debt collectors.

You can sell a debt, but you cannot sell a judgment or a writ because only the claimant can bring the enforcement power.
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lawless_91
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#13 Re: Adive and Help Please - Notice of Issue of Warrant of Control

Post by lawless_91 » 25 Jul 2016 14:08

Basically it is for a student account overdraft of £500 that i did not pay back, I was aware of it at the time but forgot, it was sold on to Robinson way who then sold it on to Hoist who are a subsidiary of Robinson way i believe.

I rang the court told them i do not live at the address and was unaware of the debt, and they told me they would note my address change but to contact Robinson Way. The CCJ was applied and granted in 2014 in Northampton court and has just been moved to Leeds, and granted the issue of warrant of control. I explained my finances and address change to Robinson Way who have suspended the order for thirty days and have instructed the bailiffs to cease action. I have been told to ring back after 30 days and agree a repayment plan which is fine.

I intend to agree a minimal repayment plan and wait until six years have passed so it is statute barred?

Thanks for your help

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#14 Re: Adive and Help Please - Notice of Issue of Warrant of Control

Post by Michelle » 25 Jul 2016 18:32

lawless_91 wrote:Basically it is for a student account overdraft of £500 that i did not pay back, I was aware of it at the time but forgot, it was sold on to Robinson way who then sold it on to Hoist who are a subsidiary of Robinson way i believe.
Hoist is the parent company that owns Robinson Way. All part of the same group.
lawless_91 wrote: I rang the court told them i do not live at the address and was unaware of the debt, and they told me they would note my address change but to contact Robinson Way. The CCJ was applied and granted in 2014 in Northampton court
Northampton is the centralised processing centre for all money claims, which creditors submit in bulk. If you did not have a chance to defend the default judgment due to not having received the court papers, it could be possible to apply for set aside, however, you would need to show a viable defence and it may not be easy with an overdraft. Also not really worth it for a small debt because the application fee would be £255 unless you qualify for remission.
lawless_91 wrote: and has just been moved to Leeds, and granted the issue of warrant of control. I explained my finances and address change to Robinson Way who have suspended the order for thirty days and have instructed the bailiffs to cease action. I have been told to ring back after 30 days and agree a repayment plan which is fine.

I intend to agree a minimal repayment plan and wait until six years have passed so it is statute barred?

Thanks for your help
Sadly not. :cry: Debts don't automatically go statute barred after six years, that only happens when no payments or written aknowledgments are made during at least six years. If you are making regular payments, it never goes statute barred.

The above only applies to debts not subject to judgment, CCJs do not go SBd, even when they do drop off your credit files and the public record six years after being recorded.
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lawless_91
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#15 Re: Adive and Help Please - Notice of Issue of Warrant of Control

Post by lawless_91 » 26 Jul 2016 11:05

Thanks for the response, so from what i understand the two ccj's I have both need paying back and may drop off my credit file but i can still be pursued?, i have now acknowledged one of the two but not the other - but i am sill liable for?

Other debts that i have that are not ccj's but have been unacknowledged for more than six years i cannot be pursued for?

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#16 Re: Adive and Help Please - Notice of Issue of Warrant of Control

Post by Michelle » 26 Jul 2016 23:43

lawless_91 wrote:Thanks for the response, so from what i understand the two ccj's I have both need paying back and may drop off my credit file but i can still be pursued?,
Yes, once they obtain judgment you can be pursued even after they've dropped off. You need to agree an affordable monthly repayment for them. As long as you keep up your agreed repayments, they can't enforce the judgment using bailiffs. If you are unable to keep up the agreed repayments, you'll need to apply for a variation to avoid enforcement action.
lawless_91 wrote: i have now acknowledged one of the two but not the other - but i am sill liable for?
If they have judgment, then it doesn't matter whether you acknowledge it or not, they can still enforce it.
lawless_91 wrote: Other debts that i have that are not ccj's but have been unacknowledged for more than six years i cannot be pursued for?
As long as there's been no payments made by yourself or someone acting on your behalf (for example, a debt management company, Payplan, CCCS, etc.) and there's been no written acknowledgments for at least six years, and no judgment has been obtained, then they would be statute barred.

The creditor wouldn't know whether they are SBd or not since they won't have all the data at their fingertips, if they contact you, you can respond with a letter saying they are SBd and, once you do that, they shouldn't pursue you. Do bear in mind court proceedings can still be brought for SBd debts. SBd is an absolute defence but it's also a procedural one, meaning you'd still have to go through the motions of acknowledging service and filing a defence. If you receive a claim at some point in the future, do not ignore it thinking that, since the debt is SBd, they can't do anything. If you don't respond, they can request default judgment and you'd have another CCJ.

Do keep us posted if you hear anything from your creditors.
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