Notice of issue of warrant of control

[leena]

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

[nightwatch]

Re: Notice of issue of warrant of control

I have no idea, may be best to PM Niddy xxx

[Never-In-Doubt]

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.....

[Joanna Connolly]

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).

[leena]

Re: Notice of issue of warrant of control

Thanks niddy

[Never-In-Doubt]

Re: Notice of issue of warrant of control

See solicitor reply above (Joanna).... ^^^^

[leena]

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

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).

[Never-In-Doubt]

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.

[leena]

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?

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.

[Never-In-Doubt]

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?

[leena]

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..

[leena]

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.

[Joanna Connolly]

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

[SXGuy]

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