Received a warrant of control!?

[Guest]

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.

Not having received the claim form is an argument for set aside but the main one is your defence. Had you received the claim, would you have had a defence? The six year period runs from the cause of action in 2008 which, depending on the type of account and circumstances, could be around one month after your last payment, until the day when the claim was issued (not when judgment was obtained).

[YutyuNPT]

Re: Received a warrant of control!?

Can't any company just go for a CCJ to someone old address just to hold off statue barred limitations?

[Guest]

Re: Received a warrant of control!?

Can't any company just go for a CCJ to someone old address just to hold off statue barred limitations?

The claim form can be sent to an individual's last known address. If the debt was not statute barred when the claim was issued, you wouldn't have been able to use that defence even if you had received the claim.

[YutyuNPT]

Re: Received a warrant of control!?

Thanks [MENTION=86454]freshfield[/MENTION]

Atleast I know know the statute barred timescale on this account. Hindsight states paying 90£ back then instead of it biting my ass 8 years later for 1300£

[YutyuNPT]

Re: Received a warrant of control!?

@freshfield
Do I have to pay the 175£ from the warrant of control if I put in my N245 with the fee for the application? or does the N245 cancel the warrant of control and the fees included on the warrant of control?

[Guest]

Re: Received a warrant of control!?

@freshfield
Do I have to pay the 175£ from the warrant of control if I put in my N245 with the fee for the application? or does the N245 cancel the warrant of control and the fees included on the warrant of control?

The N245 is an application to suspend the warrant. You should draw up a budget so you can make a realistic repayment offer you can maintain, because if you can't keep up the repayments, the warrant can be reactivated.

After you make your application, the court will send it to the creditor who has 14 days to say whether they agree with your repayment proposal. The bailiffs won't be informed that you have applied to suspend the warrant.

There is a fee for each stage of enforcement but the fee for the compliance stage which involves issuing the enforcement notice should be £75, not £175.