Help with understanding what to do - Warrant Of Control

[Deeplay]

Hi hoping someone can give me some advise as Im pretty worried. I got a letter hand delivered it is from my local County court business Center. And is a Notice Of Issue Of Warrant Of Control

It is a private debt for the total amount of £880 it reads : " you have not pade payment under the judgement as you were ordered. The creditor has therefore asked for a warrant to be issue to the baliff to seize and sell your goods unless you pay the amount to the county court before the 26th May the baliff will call and may remove goods for sale at public auction. "

It was issues by my County court which I dont understand as it is a private debt Cabot Financial Uk Limited

Then today I got through my door another hand posted letter saying the following :

HM Courts and Tribunals Service
Take notice than an order to FORCE ENTRY INTO THESE PREMISES will be applied for to the district Judge and goods removed such as car tv videos dvd and other electrical items to sell at public auction. Plus any extra cost of £550 for arranging transport to remove the goods. UNLESS FULL PAYMENT IS MADE WITHIN 5 DAYS OF THIS NOTICE

NO FURTHER WARNING WILL BE GIVE..
Yours faithfully
Mr (name of baliff)

-------------

They have never had entry to my property and I actually dont have nothing of value just a couch a mattress and a cooker / fridge etc. and a labtop which i use for work. no tv no car nothing really of any value.

But my questions are will a judge give permisson for them to smash down my door ? I dont have the money to pay this debt yet.
and if they did break down the door can they take my labtop ? its my only source of income as I work from there to earn my living. Recently started self employed. Not on benefits.

Not even sure who caboot financial services are and this is not a court fine / parking ticket / etc so really confused by this.

Is there anything I can do or any advise would be really appreciated.
Sorry for the long post just worried

thank you Dee

[Milo]

Re: Help with understanding what to do - Warrant Of Control

It is known that the County Court bailiffs are becoming much tougher in their approach to collecting unpaid judgments but I must confess that I am surprised at what has been written on the notice about forced entry.

However, what is of even more serious concern is the reference to the 'extra costs' of £550 for arranging of transport !!!

If you had not received a summons in relation to this debt then the correct approach would be to file an N244 to request that the judgment be set aside. Such applications are not easily granted.

If it is the case that you agree that the debt is owing then you can complete an N245 form. This is an application to VARY the order so as to enable you to repay the debt by way of affordable monthly payments. There is a fee to pay for submitting the application but if you are in receipt of qualifying benefits you may well be exempt from paying. You will need to read the EX160 guidance notes that are available on the courts website.

[Deeplay]

Re: Help with understanding what to do - Warrant Of Control

ok thanks so what if I am reading correctly is that they can come and force entry to my property ? or do they need permission for this first ?
I was under the impression (wrongly probably) that if a bailiff can not gain peaceful entry to a property for money owed other than HMRC or Criminal fines. I am not on any benefit. Is it to late to submit a N245 form ?

and even if they did gain entry which I thought they could not forceably I have absolutely nothing of value. What would happen in that case ?

thanks for your reply

[Milo]

Re: Help with understanding what to do - Warrant Of Control

I am not on any benefit. Is it to late to submit a N245 form ?

thanks for your reply

You can submit an N245 now without any problem and I would suggest that if this is the route that you intend going down, that you call the bailiff to advise him. Most County Court bailiffs are reasonable to deal with given that unlike private sector bailiffs they do not rely upon commission and instead are employees of HM Court service.

[nemesis45]

Re: Help with understanding what to do - Warrant Of Control

Hi can I ask why you refer this as " a private debt" ??

I have to say it is unusual for Cabot to pursue to this level, however they do have the right
to do so if you have failed to meet the terms of the judgement order.

Please can you how this debt came about?
Did you acknowledge service of the claim?
Did you enter a defence?
Did you receive notice of the judgement if so did you just ignore it?

nem

[Guest]

Re: Help with understanding what to do - Warrant Of Control

This is a county court action there would have been a claim sent (N1), it is unlikely that you would be successful in contesting you did not receive a claim as they are sent from the court office. You would have also been sent a notification of judgment and payment methods on the judgment order.
These would be county court bailiffs not DCA's and they cannot force entry unless they have already been in the premises and have a taken goods under control, however they would be able to seize goods and vehicles left outside.
As said your best bet is to fill in a 245 and try and get the judgment varied form a forthwith to an arrangement to pay. Once you have done this ring the court office and ask to be put through to the bailiffs tell them you have filed for a variation.