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  • Notice of issue of warrant of control

    Hi Guys, hope your all well, I've not been around for a while as all my debts have gone thanks to you guys, but my misses has a court letter as per heading, just after some advice really where to go from here and will they agree paying in instalment's, what we don't want is for them to take the car and belongings in the house, even though most is my stuff which I can prove with receipts,

    Look forward to your advice

    Thanks lee

  • #2
    Re: Notice of issue of warrant of control

    I have no idea, may be best to PM Niddy xxx
    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: Notice of issue of warrant of control

      Hi

      I've asked our solicitor for advice for you - if you can provide a few more details that would assist.....
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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      • #4
        Re: Notice of issue of warrant of control

        The warrant of control authorises the Bailiffs to act. You can contact them to offer payments though there will usually be further fees charged for the arrangement.

        You don't say if you were aware of the original order etc. You can make an application to suspend the warrant of control under which the court can agree payments you are to make. The cost of the application is 50 (you may be entitled to fee remission depending on your wife's financial circumstances).

        You can download a court form N245 from the Internet or alternatively pick it up from your local county court. The court must accept your wife's application even if the bailiff has not yet visited your home or obtained entry.

        The first letter the bailiff sent you is sufficient. A District Judge should review your application relatively quickly. If you intend to make the application do it as soon as possible because the bailiff can continue to act until the court agrees to suspend the warrant.

        Remember not to let them gain entry ( though there are different rules if eg it is a magistrates court fine).
        Legal Disclaimer
        I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

        If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

        Comment


        • #5
          Re: Notice of issue of warrant of control

          Thanks niddy

          Comment


          • #6
            Re: Notice of issue of warrant of control

            See solicitor reply above (Joanna).... ^^^^
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment


            • #7
              Re: Notice of issue of warrant of control

              Hi thanks for your help. I have downloaded form, I was not aware it had got this bad but wife just put letters in the drawer. Lol. The debt was a credit card she had but now brought by Cabot and they have since got this order. Once we have filled form in and send of to the court how do we know if we have to pay the 50.00 application ?? Thanks for your help so far Lee
              Originally posted by Joanna Connolly View Post
              The warrant of control authorises the Bailiffs to act. You can contact them to offer payments though there will usually be further fees charged for the arrangement.

              You don't say if you were aware of the original order etc. You can make an application to suspend the warrant of control under which the court can agree payments you are to make. The cost of the application is 50 (you may be entitled to fee remission depending on your wife's financial circumstances).

              You can download a court form N245 from the Internet or alternatively pick it up from your local county court. The court must accept your wife's application even if the bailiff has not yet visited your home or obtained entry.

              The first letter the bailiff sent you is sufficient. A District Judge should review your application relatively quickly. If you intend to make the application do it as soon as possible because the bailiff can continue to act until the court agrees to suspend the warrant.

              Remember not to let them gain entry ( though there are different rules if eg it is a magistrates court fine).

              Comment


              • #8
                Re: Notice of issue of warrant of control

                How much is owed? What about the CCJ?

                Parking on a neighbours private land stops them touching your car. They have no right to trespass on a neighbours property / private land.
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #9
                  Re: Notice of issue of warrant of control

                  Amount owed is 2400.00. Not sure what you mean about ccj she did get one on this I believe?
                  Originally posted by Never-In-Doubt View Post
                  How much is owed? What about the CCJ?

                  Parking on a neighbours private land stops them touching your car. They have no right to trespass on a neighbours property / private land.

                  Comment


                  • #10
                    Re: Notice of issue of warrant of control

                    Please clarify - she HAS got a CCJ? If so, when was it issued did she ever arrange to pay it?
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #11
                      Re: Notice of issue of warrant of control

                      And can they take my stuff if it's owned by me or do they just take what belongs to the wife..

                      Comment


                      • #12
                        Re: Notice of issue of warrant of control

                        Yep definitely got ccj that was issued about a year ago and she arranged a payment plan but for what ever reason she stopped direct debit. Instalments but very minimal amounts as she doesn't earn that much and hasn't much spare cash.

                        Comment


                        • #13
                          Re: Notice of issue of warrant of control

                          Your wife needs to fill out the form N245 which can be accessed here https://formfinder.hmctsformfinder.j...k/n245-eng.pdf to suspend the warrant and make a monthly offer of payment she can afford .

                          If your wife completes the fee remission form EX160 which can be accessed here: https://formfinder.hmctsformfinder.j.../ex160-eng.pdf she can take that to the court, together with any financial information required at the same time as she makes the application. They will then tell you if she is eligible for fee remission. There is an information booklet that can be accessed here:https://formfinder.hmctsformfinder.j...ex160a-eng.pdf
                          Legal Disclaimer
                          I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

                          If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

                          Comment


                          • #14
                            Re: Notice of issue of warrant of control

                            Bailiffs will take whatever they can list if they gain entry. It's for you to prove with receipts that the debtor doesn't own those goods. You have 2 weeks from possession to prove it. Upon first visit they will likely just list items of value. Prob won't take anything that day, but once they have listed items you can't touch them. Don't let them in, don't even leave a window open, they can gain entry. And once in they have the right to break in on any other visit. Get that application in ASAP because if they turn up before its granted they can and will still act on the writ
                            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

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