Received a warrant of control!?

**ploddertom** · 21st June 2016, 05:11:AM

Re: Received a warrant of control!?

This will be from the County Court Bailiff and does need to be dealt with. You will need some info and the likely scenario is that all documentation has been sent to an old address - a common trick to enable them to obtain a Default Judgment. You are going to have to ask them what the original debt was for - Credit or Store Card will be the likely suspects. You also need to know when you last made a payment to the original debt as another common trick is for them to obtain Judgment on a Statute Barred debt.

**YutyuNPT** · 21st June 2016, 07:27:AM

Re: Received a warrant of control!?

Ok. How do I gain information regarding this? Do I call the creditor or the court?

- - - Updated - - -

Am I calling the creditor or court for this information? What do I say to any bailiffs sonce they are giving me until the 24th to pay :S

I have only just at 26, decided to get my first credit card. I have had no store cards or loans.

**ploddertom** · 21st June 2016, 11:07:AM

Re: Received a warrant of control!?

To get the information you will need to contact the "alleged" creditor. If you contact the Court all they will give you is the Creditors details. So you are ready to deal with the Bailiff download Form N245 which can be filled in once you have more detail of what this is about.

If as you say this is your first Card you have just got then it could beg the question of ID theft.

**YutyuNPT** · 21st June 2016, 14:01:PM

Re: Received a warrant of control!?

Ok. So the debt is apparently for an old current account 100£ overdraft which I believe was 2008/2009. The said I had a ccj against me in 2014 but I would presume that all of this paperwork is all goi g to the address where I took out the current account. Where can I find the N 245 form? And whats the next step?

**YutyuNPT** · 21st June 2016, 17:53:PM

Re: Received a warrant of control!?

What would my next step be? I feel this is going to run out of control if I don't act quickly as I have been left with 0 time to do anything.

**Kati** · 21st June 2016, 18:06:PM

Re: Received a warrant of control!?

N245 form attached

extra guidance can be found here - https://www.gov.uk/county-court-judg...y-the-judgment

I'll tag [MENTION=26498]ploddertom[/MENTION] for you too

K xx

Attached Files

n245-eng.pdf (213.2 KB, 3 views)

**YutyuNPT** · 21st June 2016, 18:10:PM

Re: Received a warrant of control!?

If I believe this is statute barred as I using the N245? or the N244 to set aside the judgement? Is the statute barred on the current account overdraft from the time I last adknowledged/paid anything or is it reset from the apparent 2014 CCJ against me?
[MENTION=49370]Kati[/MENTION] [MENTION=26498]ploddertom[/MENTION]

**Kati** · 21st June 2016, 18:20:PM

Re: Received a warrant of control!?

[MENTION=55034]nemesis45[/MENTION] might be able to answer that [MENTION=87011]YutyuNPT[/MENTION] (I've tagged him too

) xx

**YutyuNPT** · 21st June 2016, 18:35:PM

Re: Received a warrant of control!?

Awesome! I'll post all the info in this post now.

Basically no correspondence from anyone until a warrant of control came through from the county court, been at my address for over 2 years.

Plodder suggested I call the creditor in regards to the debt for information.

Apparently I had a CCJ in 2014 in regards to a overdraft on a current account. (I just confirmed with my mother the times and it is indeed over 6 years old, since then I have paid nothing nore acknowledged the debt)

I haven't had any chance to defend the case at all, I haven't received anything from the courts or lowell or anyone in regards to this matter.

I have until the 25th to pay of bailiffs with come around (which is fine as my flat is fully furnished from the owner, and all electrical good are from my partners father as gifts to her for Hanuka)

As I recall the overdraft was unplanned amounted to £100.
Im being requested £1215 +175

**ploddertom** · 21st June 2016, 19:31:PM

Re: Received a warrant of control!?

Others better than me can help with the Statute Barred details.

The County Court Bailiff although strict is usually quite amenable when he is furnished with all the details & in particular if you are apply to Suspend the Warrant and may even give you extra time to make the applications. It may be a sensible course of action to telephone the Bailiffs Office and ask to speak to who has signed the Warrant. If indeed the debt was Statute Barred then the chances are you may have to apply for Set Aside. I mention this because of the costs of the applications which can soon mount up unless of course you are on certain Benefits or a low wage in which case you may qualify for remission in full or part.

Application on N245 = £50
Set Aside application = £255

Of course if you won then I see no reason why you cannot ask for these costs.

**YutyuNPT** · 21st June 2016, 19:46:PM

Re: Received a warrant of control!?

No problems. It's unfortunate that I wasn't given any notification. To suspend the warrant would I call the court since they are the ones who are at the moment threatening with bailiff action as they want their 175£ costs before the 1200 is to be paid. or is it when I put in the N244 form?

The set aside application cost is fine. I prefer 255 over 1240+

Should I send a letter to Lowell asking for consent to set aside? I know they know it is statute barred, they just managed to get the judgement defaulted due to no one notifying me of anything.

I checked on noddle (as experian and clearscore didn't show it) I do indeed have a CCJ regarding this matter from 2014. Does the statute barred still hold from 2008? I have no recollection of the CCJ and the CCJ was enforced atleast 1-2 years after leaving the address.

**YutyuNPT** · 22nd June 2016, 17:08:PM

Re: Received a warrant of control!?

Could I get advice on writing my N244 form to set this aside? I need to send it quite quickly to stop bailiff enforcement on my property.
[MENTION=26498]ploddertom[/MENTION] [MENTION=55034]nemesis45[/MENTION]

**Guest** · 22nd June 2016, 17:43:PM

Re: Received a warrant of control!?

Originally posted by YutyuNPT View Post

No problems. It's unfortunate that I wasn't given any notification. To suspend the warrant would I call the court since they are the ones who are at the moment threatening with bailiff action as they want their 175£ costs before the 1200 is to be paid. or is it when I put in the N244 form?

The set aside application cost is fine. I prefer 255 over 1240+

Should I send a letter to Lowell asking for consent to set aside? I know they know it is statute barred, they just managed to get the judgement defaulted due to no one notifying me of anything.

I checked on noddle (as experian and clearscore didn't show it) I do indeed have a CCJ regarding this matter from 2014. Does the statute barred still hold from 2008? I have no recollection of the CCJ and the CCJ was enforced atleast 1-2 years after leaving the address.

Originally posted by YutyuNPT View Post

Could I get advice on writing my N244 form to set this aside? I need to send it quite quickly to stop bailiff enforcement on my property.
@ploddertom @nemesis45

The N244 for a set aside application is probably not your best bet at the moment. To be able to have a judgment set aside, you will need to have a defence to the claim, you need to submit a draft with your application. The court will also look at the time element and the fact that your CCJ was obtained two years ago. For the debt to be statute barred, there should have been at least six years without payments, ending on the day the claim was issued. Depending on when in 2008 you last paid and when in 2014 the claim was issued, it may or may not be.

You can still look into the set aside aspect it but more urgently, you need to use an N245 to apply to suspend the warrant and make a repayment offer. Form here: http://s3-eu-west-1.amazonaws.com/hm...r/n245-eng.pdf

If you don't do that they can continue with bailiff action. You don't have to let the bailiffs in and they cannot force their way in but can still take control of goods left outside, in outbuildings, etc. such as a car or bike. The application fee to suspend a warrant should be just £50 (unless it's gone up recently) rather than £255.

**YutyuNPT** · 22nd June 2016, 17:51:PM

Re: Received a warrant of control!?

Ahh I see so the statue barred only holds from 2008 to the CCJ in 2014? No grounds for setting aside for no doucuments from the courts or lowells previous to the claim, even thought Lowell are sending me letters after this judgement this month to my current address?

I'll get a N245 form set up now then.

Received a warrant of control!?