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  • #1

    bailiffs - Warrant Of Control

    Hello,

    It's been a while since I've been here as everything went all quiet, but then 1st credit Finance Ltd has sent a notice of issue of warrant of control to me, informing me that unless payments of £3560 Credit Card debt are made by the 10 Days (12th Oct) the bailiff will call and MAY remove my goods. This is in itself a little worrying, as I've not been in this situation before I feel a little anxious to say the least.

    Options are initially 1) Pay the whole amount and be done (well that can't happen as I have zilch funds). 2) Contact the courts tell them I don't have the whole amount and would they be willing to accept installments 3)Do nothing and wait till there's a knock at the door, DON'T LET THEM IN tell them I can not pay and ask them to leave, yet forever be harassed by bailiffs?

    Is it bad that I now am in situation where I have money from working and haven't been paying them back - perhaps!! but I was out of work for 3 years living on the bread line, and all which has changed is a slightly above minimum wage job.

    Any guidance from people who've had bailiff threats before and experienced them first hand would help.

    Also can they take my motorbike which I use to get to work?

    All advise and guidance warmly appreciated.
    Last edited by gregco; 4 October 2014, 15:25.
    Tags: 1st, 1st credit, act, action, bailiffs, calling, card, ccj, claim, con, county, court, credit, credit card, credit card debt, debt, email, fee, financial, fire, funds, job, letter, minimum wage, money, monthly, order, paid, payments, rate, scare, senior, signature, solicitor, stepchange, threats, tps, update, wage, work, working, £50
  • #2
    Re: bailiffs - Warrant Of Control

    What's the debt for ?
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: bailiffs - Warrant Of Control

      Hi, sorry to hear this has occurred. I can't help but I will see if I can find someone to help.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Re: bailiffs - Warrant Of Control

        Credit Card Debt

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        • #5
          Re: bailiffs - Warrant Of Control

          Originally posted by gregco View Post
          Credit Card Debt
          ok ...well there will be no bailiffs calling ..they can't do this lol
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #6
            Re: bailiffs - Warrant Of Control

            Originally posted by gregco View Post
            Credit Card Debt
            give us some history please .....
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Re: bailiffs - Warrant Of Control

              Originally posted by gregco View Post
              Credit Card Debt
              Do you already have a CCJ for this credit card debt? If you do then bailiffs can enforce it but only with a warrant from the county court first.

              http://www.stepchange.org/Debtinform.../Bailiffs.aspx

              If you don't have a CCJ then the credit card company are trying to scare you into paying since bailiffs can't be used to enforce a debt without the judgement/warrant.

              Comment

              • #8
                Re: bailiffs - Warrant Of Control

                yes defaulted on CCJ.

                Originally posted by PlanB View Post
                Do you already have a CCJ for this credit card debt? If you do then bailiffs can enforce it but only with a warrant from the county court first.

                http://www.stepchange.org/Debtinform.../Bailiffs.aspx

                If you don't have a CCJ then the credit card company are trying to scare you into paying since bailiffs can't be used to enforce a debt without the judgement/warrant.

                Comment

                • #9
                  Re: bailiffs - Warrant Of Control

                  Originally posted by gregco View Post
                  1st credit Finance Ltd has sent anotice of issue of warrant of control to me, informing me that unless payments of £3560 Credit Card debt are made by the 10 Days (12th Oct) the bailiff will call and MAY remove my goods.
                  If you have been issued with a Notice of Warrant of Control then you need to get it suspended using a Form N245. Here is how it works:

                  https://www.nationaldebtline.org/EW/...t/Page-04.aspx

                  From what you say is sounds as if 1st Credit are threatening to make an application for a warrant but haven't done so yet.

                  Niddy has a good working relationship with 1st Credit so post up as much detail as you can and I'll flag this up for his attention if necessary.

                  Comment

                  • #10
                    Re: bailiffs - Warrant Of Control

                    Originally posted by gregco View Post
                    defaulted on CCJ.
                    Was the county court judgement a 'forthwith' order or was it an instalment order? If you can't manage the instalments ordered then you can apply to the court for a redetermination of the monthly amount.

                    I would think making such an application should frustrate the warrant (if there is already a warrant).

                    Comment

                    • #11
                      Re: bailiffs - Warrant Of Control

                      It was a forthwith order not installment order.
                      Originally posted by PlanB View Post
                      Was the county court judgement a 'forthwith' order or was it an instalment order? If you can't manage the instalments ordered then you can apply to the court for a redetermination of the monthly amount.

                      I would think making such an application should frustrate the warrant (if there is already a warrant).

                      Comment

                      • #12
                        Re: bailiffs - Warrant Of Control

                        Originally posted by gregco View Post
                        It was a forthwith order not installment order.
                        Okay then you ought to be able to get that varied to something affordable. Some members on here have CCJs for only £1 per month.

                        Here's how to get that forthwith ordered changed and you can download the application form in the link:

                        http://www.adviceguide.org.uk/wales/...r_for_debt.htm
                        Last edited by PlanB; 4 October 2014, 16:08. Reason: added link

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                        • #13
                          Re: bailiffs - Warrant Of Control

                          Hi,

                          I'm looking into budget planning and wondered if anyone knows what the trigger figures are or where I can get them?
                          Originally posted by PlanB View Post
                          Okay then you ought to be able to get that varied to something affordable. Some members on here have CCJs for only £1 per month.

                          Here's how to get that forthwith ordered changed and you can download the application form in the link:

                          http://www.adviceguide.org.uk/wales/...r_for_debt.htm

                          Comment

                          • #14
                            Re: bailiffs - Warrant Of Control

                            Originally posted by gregco View Post
                            I'm looking into budget planning and wondered if anyone knows what the trigger figures are or where I can get them?
                            You may be able to do this through our very own Site Team member Undercover Elsa

                            I'll alert her to your situation

                            Comment

                            • #15
                              Re: bailiffs - Warrant Of Control

                              Thanks Plan B

                              Gregco, If you'd like to fill in the financial details part of the N245 form (application for suspension of a warrant and/or variation of an order) and email me a copy I can run it through my software and ensure you're claiming what you're due to, as I did for you a while ago. Then you can redo a new N245 accordingly.
                              Unfortunately I'm not allowed to actually pass on the trigger figures
                              Direct link to form: http://hmctsformfinder.justice.gov.u...s/n245-eng.pdf

                              Do you have another CCJ hanging over you too? What's the position with that one?
                              We really need to get you stabilised on a low payment plan, it's awful living in fear of someone knocking at the door.
                              Elsa x

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