Notice of intent of warrant of control

[Confused84]

Hello,

hope me you don't mind me asking silly questions, but really in need of some sensible advice.

I today relieved by post a notice of intent of warrant of control from Lowell group. I have never had any correspondence from them, however after some digging I believe they are also part of fredrickson and Bryan Carter solicitors.... Again I have received nothing in relation.

I do recall a letter a few years back from fredrickson im regard to an old catalogue debt, however at the time, due to a very bitter divorce and redundancy I was in no position to pay.

Anyway, I received the warrant this morning, but I'm very confused. There are two amounts on the warrant one stating

amount to pay ( including fees) £172.25
and outstanding balance £xxxx.xx

i absolutely do not want a county court balliff appearing at my door, I'm currently 8 months pregnant and have an 8 year old daughter.

So my questions are, if I pay the amount to pay asap will this stop any action?

and will I then need to arrange payment of the outstanding balance with the creditor?

If I pay the amount to pay should I also send the N235 form along with fee also? Or would I not need to bother with this.


any help greatly appreciated!

[nemesis45]

Re: Notice of intent of warrant of control

For a warrant to be issued there must be a CCJ in place, do you
recall receiving a " claim pack" from the Northampton County Court
Business Centre?
For clarification please what is the total outstanding?

nem

[Confused84]

Re: Notice of intent of warrant of control

I don't recall receiving one if I'm honest. I know thats probably the usual cop out, but life had been pretty hectic!

If the debt is what I think it is, I'm not disputing I owe it. I'm more than willing to pay what I owe and in a much stronger financial position now.

The balance outstanding would be £1146.00.

[FlamingParrot]

Re: Notice of intent of warrant of control

hope me you don't mind me asking silly questions, but really in need of some sensible advice.

Your question isn't silly at all!

I today relieved by post a notice of intent of warrant of control from Lowell group. I have never had any correspondence from them, however after some digging I believe they are also part of fredrickson and Bryan Carter solicitors.... Again I have received nothing in relation.

I do recall a letter a few years back from fredrickson im regard to an old catalogue debt, however at the time, due to a very bitter divorce and redundancy I was in no position to pay.

They are all one and the same, a full bag of dirty tricks! :mad2: :mad2: :mad2:

Anyway, I received the warrant this morning, but I'm very confused. There are two amounts on the warrant one stating

amount to pay ( including fees) £172.25
and outstanding balance £xxxx.xx

Can you post up what you received (removing all personal details). :typing:

It sounds like they may be up to yet another dirty trick!

i absolutely do not want a county court balliff appearing at my door, I'm currently 8 months pregnant and have an 8 year old daughter.

So my questions are, if I pay the amount to pay asap will this stop any action?
and will I then need to arrange payment of the outstanding balance with the creditor?

Don't make any payments until you find out what's really going on.

Before they can apply for a warrant they'd need a CCJ, you can search for CCJs here: http://www.trustonline.org.uk/search-yourself

If there isn't one they can't apply for warrant, full stop.

Either way let us know what your findings are. :typing;

If I pay the amount to pay should I also send the N235 form along with fee also? Or would I not need to bother with this.

any help greatly appreciated!

Form N235 is a Certificate of suitabilityof litigation friend so you probably mean N245 to suspend a warrant, however, I'd hold off till you find out if there's a judgment to start with. :thumb:

[Confused84]

Re: Notice of intent of warrant of control

Thank you so much for your reply!

They have indeed issued a CCJ against me. 😣 just checked....... Oh dear! What a silly girl I am!

At this point I just want the easiest route to stop any enforcement officers coming round to my house! I'm terribly embarrassed.

I'm just very confused in the two amounts. I'm assuming if I call and make the 'total to pay' amount £172.25 that this will stop the ballif coming and I can negotiate on the remaining outstanding balance?

[FlamingParrot]

Re: Notice of intent of warrant of control

Thank you so much for your reply!

They have indeed issued a CCJ against me.  just checked....... Oh dear! What a silly girl I am!

Did you ever receive a claim in the post? Have you recently moved? What's the judgment date?

In some cases, it may be possible to apply for the judgment to be set aside, that would also require to have a suitable defence for the claim so we'd need more details about the catalogue account in question.

At this point I just want the easiest route to stop any enforcement officers coming round to my house! I'm terribly embarrassed.

I'm just very confused in the two amounts. I'm assuming if I call and make the 'total to pay' amount £172.25 that this will stop the ballif coming and I can negotiate on the remaining outstanding balance?

It sounds like they haven't even applied for the warrant yet, they are just stating their intention to apply. That's a common way to get the attention of judgment debtors who are not making any payments. Bear in mind once they have applied for a warrant, under new regulations they have to send you an enforcement notice giving you at least 7 clear days (excluding Sundays and BHs) before any visit.

I don't see why you should pay anything (such as the £172.25) on top of the amount of the judgment.

I asked for the judgment date because you can apply for redetermination within 16 days of the judgment, to pay by installments, and no fee is required. After this period of time you can use the N245 to apply for a variation of the terms of the judgment (a £50 fee is payable). On the form you'd submit your financial details and make a monthly offer you can afford. Once you do that, as long as you keep up the agreed repayments, they cannot apply for another warrant. :thumb:

[Confused84]

Re: Notice of intent of warrant of control

I'm so confused...... The warrant notice has come from Leeds Courthouse as it is stamped on the envelope.

It has given me until 28th August to pay the warrant £172.25.

But as I said there's then this dodgy balance outstanding amount also.

Normally I'm fairly intelligent, but this is confusing the hell out of me!

[FlamingParrot]

Re: Notice of intent of warrant of control

I'm so confused...... The warrant notice has come from Leeds Courthouse as it is stamped on the envelope.

Leeds will be Lowell's local court.

It has given me until 28th August to pay the warrant £172.25.

But as I said there's then this dodgy balance outstanding amount also.

Normally I'm fairly intelligent, but this is confusing the hell out of me!

Now we know it was actually issued by the court I'd contact the court and ask them about suspending the warrant and paying the outstanding amount in instalments.

[Confused84]

Re: Notice of intent of warrant of control

Right ok, I'll contact the court ASAP in the morning. in your expierence does that help?

Do you think it is worth contacting BC solicitors also and arranging payment direct with them?

[FlamingParrot]

Re: Notice of intent of warrant of control

Right ok, I'll contact the court ASAP in the morning. in your expierence does that help?

Do you think it is worth contacting BC solicitors also and arranging payment direct with them?

Do find out about the warrant first, it may not even have been issued yet by the sounds of it. Before making a repayment offer you may want to draw up a financial statement to make sure you can afford to repay what you offer every month. You'll find a useful budgeting tool here: https://nedcab.cabmoney.org.uk/quickfs.asp :thumb:

[Sir Vere Brayne d'Emmidge]

Re: Notice of intent of warrant of control

Being 8 months pregnant that put you in the "vulnerable" category.

Forward copies of your Maternity Hospital notes to the Court and Lowells.

Don't forget, all correspondence to be sent via Recorded Delivery.

Good luck!

[Confused84]

Re: Notice of intent of warrant of control

So I contacted the bailiffs by email today and this was my response.

Dear Miss

this debt was originally owed to J D WILLIAMS mail order. Lowell Portfolio buy these old debts and collect the outstanding amounts.
The amount to pay into Court by the 28th August is the £172.25, this leaves a balance of £1146.07 to pay to Lowell Portfolio direct.
Their solicitors are Bryan Carter Solicitors llp and their number is 03458396152.
I hope this clears things up for you.

Best regards

C Wood

Leeds County Court Bailiffs


Any ideas what I should do now?

[bizzybob]

Re: Notice of intent of warrant of control

Send details of pregnancy etc to v bailiffs and Lowell as suggested by Sir Vere.

[Confused84]

Re: Notice of intent of warrant of control

I contacted the national debt helpline today who had advised me to send in the form for suspension of the warrant and offer a monthly payment as part of this.

The gentleman I spoke to was very helpful, and said that there is also another 7 days from the 28th ( which is when the warrant needed to be paid ) before an enforcement can take place. So I'm hoping that by getting this form in along with the fee that this will stop anyone knocking on my door! Id be totally devastated if they did!

[bizzybob]

Re: Notice of intent of warrant of control

Send details of pregnancy etc to v bailiffs and Lowell as suggested by Sir Vere.