warrant of control what can I do about it

[SIRIUSLY THOUGH]

just received warrant of control notice from court saying bailiffs are coming next week I have no idea what the debt is for and had no previous documents telling me to go to court. do i have any rights at all and how can i stop the bailiffs coming thank you

[Kati]

Re: warrant of control what can I do about it

tagging [MENTION=9189]bizzybob[/MENTION] [MENTION=26498]ploddertom[/MENTION]

[Amethyst]

Re: warrant of control what can I do about it

You will need to apply to the court to suspend the warrant of control and set aside the original judgment. Best bet first off is to give the court a call. Do you know who the claimant is ? ( might help figure out what the debt is)

[SIRIUSLY THOUGH]

Re: warrant of control what can I do about it

Hi Amethyst thank you for your reply. Lowell Portfolio 1 is on the warrant but I don't know what for. I have received no other post on this subject than the warrant. Would you suggest a n245 or can I negotiate a payment scheme and i that with the court or the bailiff. thank you

[Amethyst]

Re: warrant of control what can I do about it

If you don't know what the debt is for and have received no other paperwork about the claim it would feel a little daft to make an offer to pay it. I would put an N244 in asking to set aside the judgment and suspend the warrant. Send a copy to Lowell and their solicitors as well as the court.

Set Aside - bit of info on set aside there to get you started xx

[SIRIUSLY THOUGH]

Re: warrant of control what can I do about it

thank you but the £255 cost is too high for my budget within a week

- - - Updated - - -

also surely lowell cannot just make up debts can they? I am thinking it must be something pre 2008 - dont they have to prove it to the court?

- - - Updated - - -

or am i just nieve? haha

[Kati]

Re: warrant of control what can I do about it

thank you but the £255 cost is too high for my budget within a week

would you be able to get a fee remission?? check out the guidance here - http://hmctsformfinder.justice.gov.u..._forms_id=4397

[Guest]

Re: warrant of control what can I do about it

just received warrant of control notice from court saying bailiffs are coming next week I have no idea what the debt is for and had no previous documents telling me to go to court. do i have any rights at all and how can i stop the bailiffs coming thank you

You can apply to suspend the warrant by filling in form N245 with your financial statement and offering to pay a monthly instalment based on your income and expenditure. Make sure you plan for the long term because a suspended warrant can be activated again if payments are missed. The fee for this application is £50 and this is the form: http://s3-eu-west-1.amazonaws.com/hm...r/n245-eng.pdf

Get that suspended for now to stop the bailiffs from paying a visit, you can then look at getting the judgment set aside when you find out more about the debt and whether you could have defended the claim.

The notice of enforcement should have given you at least seven days before the bailiffs go round so you should have time to do the application. If you do get a visit, do not allow them to get inside your home and make sure any vehicles you own (car/motorbike) is parked away from the house while you get all this sorted. They cannot use force to enter but can gain peaceful entry through unlocked doors.

[SIRIUSLY THOUGH]

Re: warrant of control what can I do about it

thank you Kati this is very useful indeed. Do I take this to the court in person or send it via email? I was going to call the bailiffs today to see what I can do. Would you recommend that? Thank you so much

[wales01man]

Re: warrant of control what can I do about it

Contact the court first only deal with the bailiff in writing once a court action is started and hopefully completed they will get nothing

[ploddertom]

Re: warrant of control what can I do about it

Before making any application to the Court you need to find out what this is all about.

If contacting the Court you need to know who the Claimant is, how much the CCJ was obtained for, the date of Judgment & what address everything has been sent to.

If making contact with Lowells you need to know who the original Creditor was and how much you owed them. The date of any last payment and again the address they have been writing to.

Lowells and other debt collectors have a habit of gaining CCJs by using old addresses usually for Statute Barred debts. Once you have the info you require you can then start to decide which route to take but the most important person to deal with is the County Court Bailiff. Don't forget a CCJ stays on your credit file for the next 6 years making it difficult to get any type of credit. As well as the Court Forms are concerned it sounds to me as if you will qualify in whole or in part for Fee Remission and should look at Forms EX160a & EX160c for further details.

[Jock1959]

Re: warrant of control what can I do about it

On that same note I took my ex boss to tribunal for failing to pay wages unlawful under Employment rights act 1996 , won my case acting as LIP . He was asked for time to pay a few hundred pounds per month for a few months reluctantly agreed but asked the judge whathappens if he still doesnt pay ws tole then acas become involved again and if it doesnt resolve its of to County Court which I now have in place .

I applied for the defendant to eppear before judge wih bank statements etc BUT also filed for a warant of control , the ex employer offered £1 per month lasting around 1000 months which I have rejected so baillifs are now instructed to enforce warrant of control . Fortunately for me I filed the case in both his persoanl name and company name as he was a t/a

Should I also file for a seizure of his bank accounts as if county court bailliffs doesnt work I want HCEO,s to take the enforcement ?

Its disgusting how some employers treat staff as its the employer thathas breached law