Credit card CCJ, warrant of control, what next?

[stark]

I have some old credit debts that have or are are going off this or next year.

One of them got a CCJ, I was not served papers but not sure if it is worth fighting it.

It seems that they may have issued papers to an address they knew I did not live at (for years) in the full knowledge that I would have to pay to get it set aside, except I am on benefits so I think I may not have to pay.

They clearly were able to get my address as they have used it to write to me about the CCJ they obtained.

Of course once they bagged themselves a CCJ they seem keen to pursue it, they wrote to me informing me of CCJ but no reference given, then today I got a Warrant of Control orde, so now I have a reference.

Do they pay to get the Warrant of Control?

Does a Warrant of Control mean they are definately using bailiffs?

I do not have the money to service this debt which is one of many, I cannot afford bankruptcy but that is only way out.

I would like to know what the next stage is, the bailiffs will not be engaged with, so then what?

Will they try to bring me before the Court?

What if I do not go, what will a Judge do?

Am I better off getting the CCJ lifted on the basis that had I been served I would have defended the action and I have a decent defence (statute barred, unaffordability etc)?

I am disabled and very unlikely I will ever work again, I owe over £60k I have so little money there is no way I could service this debt and it would take hundreds of years.

I saw somewhere that one should only apply for the thing to be set aside but not give the Judge the details of defence as the hearing is to determine if should be set aside not determine the defence, is that right?


Any suggestions helpful

[Amethyst]

You need to either apply to set aside the judgment ( which seems like it would be straightforward as they sent it to a known old address ) OR apply to the court to suspend the warrant and redetermine the judgment order to allow you to pay by affordable instalment. ( form N245 ) . Either needs doing quickly.

Do you own your house?

[Amethyst]

N245 https://www.gov.uk/government/public...on-of-an-order

N244 set aside app http://legalbeagles.info/library/how...-judgment-ccj/

[ploddertom]

Your snag is that you would have to admit you owe the debt, meaning if you did try Set Aside then you will fail or just swap 1 CCJ for another. Even though you have moved is not enough on its own.

If they have a Warrant of Control then this will mean they have paid for that and it is added to the debt they are seeking repayment on - approx £100. In some respects the good thing is that it is the County Court Bailiff that will attend who is more approachable than those who work for private companies. It is possible to have the Warrant Suspended but for that to happen you would have to submit Income/Expenditure and the minimum acceptable payment would work out at £3-75 per week.

You could ignore the Bailiff - he will only call a few times but there are other forms of enforcement available including being summoned to explain why it is not being paid. If you refuse to turn up then a warrant for your arrest could be issued for Contempt.

If you genuinely have nothing at all of value then it is sometimes worth letting the Bailiff in to see for himself and the Warrant could be returned as unable to be satisfied. There is a long list of exempt goods which cannot be seized plus there is a possibility you could be classed as a vulnerable debtor.