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County Court Bailiff Letter

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  • County Court Bailiff Letter

    I have just received a letter hand delivered through my door.

    Itís headed HM Courts & Tribunals Service and stamped High Wycombe County Court.

    ďDear Sir/madam

    You have an unpaid WARRANT OF CONTROL for the sum of £475.06P ISSUED By COUNTY COURT AT SLOUGH.

    As you have failed to make Full Payment, it is Due Forthwith, Payment can be made by calling the Court Payment Team on Tel 01865 264 200 (OPTION 1 OPTION 7)/ TEL 0118 987 0500 and making a Card Payment 9am-2pm only.

    Failure to pay by Thursday 7th February 2019 2PM will result in Further Enforcement Action by the following means, The Debt can be passed to the High Court for Enforcement, please note all Further Enforcement will incur Further Court Costs in Excess of £450.00 Plus V.A.T. The Claimant can apply for an Attachment of Earnings where Deductions are made from Your Salary by your Employer. Itís in your own interest to make a FULL PAYMENT to Avoid Further Enforcement Action and Further Court Costs.

    Mr Townsend County Court Bailiff Manager TEL 01753 690 324/07788 568 703 7am-9am MON-FRI

    What do I do please? It for an old credit card debt.

    Thanks
    Tags: None

  • #2
    The letter itself has a few mistakes - it cannot be enforced through the High Court as:
    a - it is for less than £600
    b - if it is for an unpaid credit card then it would be subject to the CCA

    I assume you know you have a CCJ for this debt. Did you defend it? It is correct the Claimant can apply for an Attachment of Earnings but only if you are employed, they may also be able to apply for an Attachment to Benefits exist. The Bailiff has no power of automatic entry to your home unless of course you let him in - bad idea. He may of course take control of any goods which are outside - most notably a car. The Warrant he has lasts for 12 months so he could visit at any time he wishes.

    If you want to pay this by instalments then best bet is to apply for a Variation Order which if granted may say you only need to pay £20 per month and can Suspend the Warrant the Bailiff has. If you cannot afford the Court fee for the application (approx £50) then if on a low wage or certain Benefits you may be able to claim exemption in part or in full. To apply for the Variation etc see Form N245 & for exemption see Form EX160.

    Comment


    • #3
      Thanks so much for the advice. Having looked into it I believe itís a catalogue JD Williams form 2014. It was a credit account so is that also subject to CCA?

      Comment


      • #4
        As far as I know catalogue debts are CCA Regulated but I am sure others will confirm or deny.

        Comment


        • #5
          Hi does the form N245 have to go to the court that issued the order or my local court? Thanks in advance.

          Comment

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