Warrant of control

[pi20ppa81]

I have received a letter telling that a county court bailiff is coming around to collect on a debt that I owe that bank for extortionate bank charges which I'm in the process of claiming back. This is a warrant of control and I'm worried that this may mean they can force their way into my home to take things that aren't mine and I was wondering if there is anyway I can keep them off my property. Please help as the only things in my house that are of any value are my children's things that were bought as presents by my family so I haven't any receipts for them except the warranty that someone else has paid for.

[Guest]

Re: Warrant of control

[QUOTE=pi20ppa81;445119]I have received a letter telling that a county court bailiff is coming around to collect on a debt that I owe that bank for extortionate bank charges which I'm in the process of claiming back. This is a warrant of control and I'm worried that this may mean they can force their way into my home to take things that aren't mine and I was wondering if there is anyway I can keep them off my property. Please help as the only things in my house that are of any value are my children's things that were bought as presents by my family so I haven't any receipts for them except the warranty that someone else has paid for.[

I take it this is the result of a CCJ ? s this a county court bailiff or has it been passed to the HCEO

[pi20ppa81]

Re: Warrant of control

Yes its a CCJ and its my local county court bailiff could I send him a denied right of access to keep him off my property?

[Guest]

Re: Warrant of control

Yes its a CCJ and its my local county court bailiff could I send him a denied right of access to keep him off my property?

You could but it would do no good. They cannot force entry to a private premises in any case, county court bailiffs are usually the least objectionable of the breed.

When did you receive the warning letter ?

[pi20ppa81]

Re: Warrant of control

I received it 20th June and they are due 25th June I thought they were supposed to give 7 working days before calling?

[Guest]

Re: Warrant of control

info here https://www.gov.uk/your-rights-bailiffs

[Guest]

Re: Warrant of control

They cannot force entry, but if you leave it until they call they will add their fee to the debt, you need to contact them and make an arrangement.

[Wombats]

Re: Warrant of control

Absolutely agree with Andy, contact the enforcement company to come to a repayment arrangement. If you do this by phone which you may have to, try to record the call if at all possible.

If they visit your home, £235 will be added to the debt. Good luck when you contact them.

[pi20ppa81]

Re: Warrant of control

They've already added nearly £300 in fee's just so they could apply for a warrant in the first place and the only way I can stop them calling is to apply for a N245 which i have to pay £50 fee for the application to go through and they haven't given me the 7 days notice for me to make it so they don't visit my home. But if I don't answer the door they have to take the warrant back to court right but i'm unsure of what happens next.

[Wombats]

Re: Warrant of control

If you believe could pay your CCJ if you are given enough time, you can apply to the county court to suspend the warrant and offer to pay the judgment by installments. If the court agrees, then the warrant will be suspended and an installment order made.


Before you think about applying to have a warrant suspended, you should do a budget. This will help you work out whether you have any spare income to make payments. If you have no spare income at all, you should look at other options to stop the bailiff action.


To apply for a county court warrant to be suspended, fill in court form N245. You can get a copy from your local county court or the HM Court Service at: www.justice.gov.uk. There's a fee to apply to have a warrant suspended as you know, though you may be able to get the fee waived or reduced if you're on a low income. Ask the court.


On the back of the form, there is space for you to give details of your income and expenditure. You should also make an offer to repay the debt, for example, at a rate of £10 a month. Only offer what you can afford to pay. You should offer to pay something, even if it is a small amount, so that the court will consider the offer. If you don't complete this section or state that you can't afford to pay anything, the court are unlikely to even consider your request.


The form should be returned to the court which is enforcing the warrant. The court will send a copy of the application to suspend the warrant to the creditor who has 14 days to agree or not with your proposal.

Once you've handed in your application, the court should tell the bailiffs that an application to suspend the warrant has been made. Make sure you tell the bailiff firm as well, just in case. The bailiffs may wait until the court has made a decision before taking action against you, but they don't have to. The bailiffs are allowed to take action against you even after an application to suspend has been made.


If the creditor accepts the offer of repayment the court will suspend the warrant. If not, court officials will decide what is a reasonable payment and may suspend the warrant. If either party is unhappy with the court official's decision, they can ask the judge to reconsider the decision.


If the court decides to suspend the warrant the bailiff can't take any action as long as you keep to the terms agreed by the court. If you fail to pay the right installments to the court, the warrant will be re-activated. In some very limited situations you may be able to apply to get a CCJ set aside. This would normally only be allowed if there was a good reason for you not being able to attend any hearing to present your evidence, and you have a high chance of success, such as being able to prove you're not liable for the debt.

The warrant is valid for 12 months.

[Milo]

Re: Warrant of control

They've already added nearly £300 in fee's just so they could apply for a warrant in the first place and the only way I can stop them calling is to apply for a N245 which i have to pay £50 fee for the application to go through and they haven't given me the 7 days notice for me to make it so they don't visit my home. But if I don't answer the door they have to take the warrant back to court right but i'm unsure of what happens next.

Firstly, WOMBAT...excellent advice given in your above post.

pi20ppa81

From reading your above posts it would seem that you may be confusing the new bailiff regulations (introduced on 6th April) with enforcement by COUNTY COURT BAILIFFS.

The new regulations DO NOT apply to County Court bailiffs (who are employees of HM Courts & Tribunals Service) and neither does the fee scale.

I am concerned at the astonishingly high fee of £300 and I suspect that this is in relation to the additional costs incurred by the claimant and include the fee for a warrant. What is the amount of the CCJ?

The fees that a County Court bailiff can charge are remarkeably different from those of a private sector bailiff. The fees were amended on 22nd April and in brief provide the following:

For removing goods or taking steps to remove goods: Reasonable expenses incurred

For the Appraisement of Goods: 5p in the £1 or part of a £1 of the appraised value

For the Sale of Goods (including advertisments, catalogues, sale and commission and delivery of goods): 15p on the £1 or part of a £1 on the amount realised by the sale or such other sum as the district judge may consider to be justified in the circumstances.

[Guest]

Re: Warrant of control

Yes, just to add to the above, I personally have found county court bailiffs to be far easier to deal with and It has to be said more approachable than the certified variety.

[SIRIUSLY THOUGH]

Re: Warrant of control

Hi Andy, have read your posts re Warrant of Control. Sorry to sound vague and mostly because of fear I received this today and it says bailiffs from 13 of July. I am so worried cannot sleep what can I do This is from Lowell and I dont know what it is for. Do I phone lowell the bailiffs or go to the court. I have been to the CAB but found them in a daze and not really wanting to help. Just said that Lowell were difficult and suggested I asked for a N244 which costs £255 which I cannot afford. Wheras the N245 is £50. I am on tax credits so huge figeres but how do I negotiate payment ad can I do it withouth these forms? All help gratefull received in order to sleep tonight thank you

[Milo]

Re: Warrant of control

Hi Andy, have read your posts re Warrant of Control. Sorry to sound vague and mostly because of fear I received this today and it says bailiffs from 13 of July. I am so worried cannot sleep what can I do This is from Lowell and I dont know what it is for. Do I phone lowell the bailiffs or go to the court. I have been to the CAB but found them in a daze and not really wanting to help. Just said that Lowell were difficult and suggested I asked for a N244 which costs £255 which I cannot afford. Wheras the N245 is £50. I am on tax credits so huge figeres but how do I negotiate payment ad can I do it withouth these forms? All help gratefull received in order to sleep tonight thank you

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