Alpins threaten Warrant of Control

[Danidoh]

Hi there,

Last week I received a letter from Alpins solicitors stating that they were about to issue a warrant of control against me.

A bit of history:

MBNA credit card debt from 2002 agreement sold to Hillesden Securities/dlc
I was paying an agreed amount of £5 per month
Hillesden decide to go for a CCJ. I didn't realise I could try to defend it.
I produced income and expenditure and offer of £1 which court accepted. CCJ in Nov 2103
Charging order against my property May 2014
Last week letter from Alpins
I phoned them but they told me I needed to speak to dlc
Wrote to dlc asking what grounds for threat of warrant of control as I have continued to pay what the court ordered
Just received letter from dlc stating, "We acknowledge recent correspondence from your regarding an offer of payment relating to the above account". They have enlcosed a Customer Affordability Statement.

What are they playing at? I nearly died when I got the letter from Alpins. It was awful having to tell my children never to let anyone into the house no matter how official they might look.

I have continued to pay what I was ordered to by the court and they have a charging order against my property.

Could someone please give me advice about how to handle this. I feel like they are using intimidation tactics. I have 10 other creditors (bad business investment) who have accepted my offers. I keep in touch with them all. I thought that the charge would be the last I would hear of these awful companies. I am really worried that they will try to force the sale even though they stated that this was not their intention. I don't trust them at all.

Thank you so much for reading and any advice would be gratefully accepted.

[sloane82]

Re: Alpins threaten Warrant of Control

Ok first of all how much was the debt for. Secondly the enforcement officer cannot gain entry to your property without your consent. Also did you take out PPI Payment Protection Insurance on your credit card?. Also Contact MBNA and ask for a SAR Statutory Access Request for all of your statements.

[Amethyst]

Re: Alpins threaten Warrant of Control

Ok first of all how much was the debt for. Secondly the enforcement officer cannot gain entry to your property without your consent. Also did you take out PPI Payment Protection Insurance on your credit card?. Also Contact MBNA and ask for a SAR Statutory Access Request for all of your statements.

SAR is Subject Access Request ( under the Data Protection Act 1980 ) - not really sure of the relevance of much of the rest of your post.

Hi there,

Last week I received a letter from Alpins solicitors stating that they were about to issue a warrant of control against me.

A bit of history:

MBNA credit card debt from 2002 agreement sold to Hillesden Securities/dlc
I was paying an agreed amount of £5 per month
Hillesden decide to go for a CCJ. I didn't realise I could try to defend it.
I produced income and expenditure and offer of £1 which court accepted. CCJ in Nov 2103
Charging order against my property May 2014
Last week letter from Alpins
I phoned them but they told me I needed to speak to dlc
Wrote to dlc asking what grounds for threat of warrant of control as I have continued to pay what the court ordered
Just received letter from dlc stating, "We acknowledge recent correspondence from your regarding an offer of payment relating to the above account". They have enlcosed a Customer Affordability Statement.

What are they playing at? I nearly died when I got the letter from Alpins. It was awful having to tell my children never to let anyone into the house no matter how official they might look.

I have continued to pay what I was ordered to by the court and they have a charging order against my property.

Could someone please give me advice about how to handle this. I feel like they are using intimidation tactics. I have 10 other creditors (bad business investment) who have accepted my offers. I keep in touch with them all. I thought that the charge would be the last I would hear of these awful companies. I am really worried that they will try to force the sale even though they stated that this was not their intention. I don't trust them at all.

Thank you so much for reading and any advice would be gratefully accepted.

Okay, if you were ordered to pay £1 a month by the court - you keep paying the £1 a month, they cannot do anything further without applying to the court. The court obviously accepted their application to have a charging order - did you get paperwork about that at the time from court and land registry ? Check the terms of the order regarding reviewing payments each year/six months - if there's nothing then you can continue paying at £1 a month.

If it helps I had a CO with HFc on a £6k debt and they snuck a CO in as well, they wrote to me every six months or so about upping the payments but I just ignored them and they went away. If you are able to photograph or scan the letters you have received (and the original judgment if you stil lhave it) then that would be useful. Also a copy of the letter you sent to them, just helpful to check what the position on the claim is. They can't get a warrant of control without applying to the court. Sometimes we find they lie about you missing a payment to get the warrant - so try make sure you have evidence of making the payments available too.

[sloane82]

Re: Alpins threaten Warrant of Control

So you can get a list of Statements from MBNA for what charges and also what items that you purchased. Warrant of Control are they trying to take items from your home?.

[Danidoh]

Re: Alpins threaten Warrant of Control

Thanks for the responses.

Amethyst - I have uploaded the letters and the ccj. I can't find a copy of the charging order and can't remember now if I received it in the post. I have everything in a file but it's not there. I will have a look around. I am so angry with myself as I have been so careful to keep everything together. Well I know what I will be doing this weekend!

I received the statement of account in Sept which shows the amount they say I owe has gone up.

Maybe there is a CO states that they will do a yearly review, I wouldn't be surprised if they slipped that in just like what happened to you but I don't understand why Alpins wrote that letter.

I appreciate your response.

Thank you.

[sloane82]

Re: Alpins threaten Warrant of Control

Bit odd this is did you take out any PPI with the credit card?.

[Danidoh]

Re: Alpins threaten Warrant of Control

Hi Amethyst,

I have uploaded copies of my ccj, letters and statement to prove I have been paying on a separate reply.

I found the Charging Order and it states:

The court orders that

1. The charge created by the order made on (date) shall continue as modified by this order.

2. The interest of the judgement debtor (my name) in the asset described in the schedule below stand charged with payment of the sum of £9015 the amount now owing under a judgment or order given on (date) by the County Court at _________ in claim no. _________together with any further interest becoming due and £210.00 the fixed costs of the application plus disbursements of £43.

3. The costs are added to the judgement debt.

No mention of review dates.

I am concerned about the mention of interest though. Does that mean they can add interest?

Do I need to respond to dlc? Can I report Alpins and dlc for sending me a threatening letter when I have done nothing wrong?

Many thanks in advance.





Okay, if you were ordered to pay £1 a month by the court - you keep paying the £1 a month, they cannot do anything further without applying to the court. The court obviously accepted their application to have a charging order - did you get paperwork about that at the time from court and land registry ? Check the terms of the order regarding reviewing payments each year/six months - if there's nothing then you can continue paying at £1 a month.

If it helps I had a CO with HFc on a £6k debt and they snuck a CO in as well, they wrote to me every six months or so about upping the payments but I just ignored them and they went away. If you are able to photograph or scan the letters you have received (and the original judgment if you stil lhave it) then that would be useful. Also a copy of the letter you sent to them, just helpful to check what the position on the claim is. They can't get a warrant of control without applying to the court. Sometimes we find they lie about you missing a payment to get the warrant - so try make sure you have evidence of making the payments available too.[/QUOTE]

[Amethyst]

Re: Alpins threaten Warrant of Control

Thanks for that.

Have DLC/Aplins replied to your letter, and have to contacted the court to ask if they have actually applied for a warrant of control ? That might set your mind at rest.

The Judgment states interest TO THE DATE OF JUDGMENT - and there's no contractual right for them to add any further interest - so the debt should reduce at your £1 a month and they shouldn't be adding interest to it. The Charging order is just standard wording.

[Danidoh]

Re: Alpins threaten Warrant of Control

Thanks for that.

Have DLC/Aplins replied to your letter, and have to contacted the court to ask if they have actually applied for a warrant of control ? That might set your mind at rest.

The Judgment states interest TO THE DATE OF JUDGMENT - and there's no contractual right for them to add any further interest - so the debt should reduce at your £1 a month and they shouldn't be adding interest to it. The Charging order is just standard wording.

I tried phoning Alpins but they told me that I needed to speak to dlc as they were following their instructions so that's what I did.

I haven't contacted the court to ask about warrant of control, I will do that tomorrow.

That's a relief about the interest.

Thank you for your help.

[Danidoh]

Re: Alpins threaten Warrant of Control

Amethyst,

Dlc responded to my letter asking why they were about to issue a Warrant of Control by saying,

"We acknowledge recent correspondence fro you regarding an offer of payment relating to the above account.

We enclose a Customer Affordability Statement for your to completed. Please return the completed form to our office within 28 days."

The Affordability Statement asks about my mortgage and how much my house is worth which I don't want to fill in. Do I have to?

How do you think I should respond?

Many thanks.