Hi all,

I have got myself in a mess and probably do not deserve help as its my own fault but here goes.

Today i received a Notice of issue of warrant of control from my local county court.

The letter states that I have seven days to make a payment of £172 including fees with a remaining balance of £500.

If i do not pay this fee then bailiffs will attend in 7 days.

Now I think I recall receiving a claim form several months ago from the Northhampton bulk centre court and I ignored it (I am regretting this now).

I have several old debts from the early 2000's when i was a student and have moved several times and some remain unpaid.

I am unsure what this debt is for.

I also received a letter from Bryan Carter today explaining the warrant of control and saying they may take a payment.

I know that this means I have a ccj against me but I have a feeling that the debt was statue barred when the ccj was taken out.

My questions are:

What do I do next?

contact Bryan Carter and do a payment plan?

What if the debt was statute barred when the ccj was taken out?

by ignoring the claim form is it too late to set aside the ccj?

I am currently unemployed (living with husband) so cannot offer a substantial amount per month,

how do i negotiate with Bryan Carter?

I would be really grateful for any help

Thank you

so you do not have a copy of the CCJ

to findout what the debt was

and to investigate if it wasSB'd?

dx

No I remember receiving some blue forms but I don't think there was a CCJ.

I am assuming there is one because of the paperwork i received today, does that make sense?

The paperwork I received today was the warrant of control from my local court.

I was thinking i could call Bryan Carter tomorrow and ask what the original debt was, or call North hampton?

Many thanks

ps thanks for reply dx

How do I apply to suspend the warrant of control?

You can make application on form N245 (fee £55) which is available form the Legal Library. The court cannot refuse to accept the application just because the bailiff has not yet visited or managed to get in. However, the bailiff can continue to call round until the court agrees to suspend the warrant.

Completing the form

Make sure you include all your income and outgoings from your budget on form N245. If you are a couple, it is usually best to include your total household income and outgoings. Make sure you have included details of all payments you make on your debts. This will make it clear to the court that you can only afford to pay the amount you have offered.

What happens next?

Send or take your completed N245 application form to the County Court hearing centre that sent the warrant to you. You will have to pay your fee to the court when you give them the application, unless you are exempt or don’t have to pay on the grounds of hardship. Keep a copy of the completed form. The court will send a copy of your application form to the creditor.

If your creditor agrees to your application they will notify the court.The court will then send you details of what has been agreed and how to pay.

If the creditor does not agree to the offer of payment on your application the court will work out how much you should pay from the information you have provided on the form.

If the creditor objects to the warrant of control being suspended at all there will be a short hearing for the district judge to decide what to do.You must go along and explain your circumstances in person... take a copy of your budget with you.

If the court orders you to pay more than you have offered

If you do not agree with the amount the court orders you to pay, you can ask for a hearing to explain your offer to a District Judge...then you need to make a further application N244, to reconsider the offer you have made. The hearing will be sent to your local County Court.

There should not be another fee to pay at this stage.You must submit your N244 application within 14 days of receiving the order to pay.You should go along to the hearing, taking a copy of your budget with you.

Regards

Andy

no don't ever ring the fleecing carter.

yo must have a CCJ now

if you don't know what the debt ws

or think its SB'd etc etc

you need to phone the court and ask advise

it will prob mean filing N244

that could cost you £155 fee

unless you are on benefits then I think its free.

can you get up on www.thrustonline.org.uk

and get the CCJ number.

then you'll know the CCJ number for the court.

dx

sri andy you beat me

dx

Not really DX you are advising set a side ...Im advising dealing with the warrant and accepting the judgment:madgrin:

I checked trust online and found the ccj number so thats clarification that i do indeed have one that was issued on 11/02/2014

I also looked at my name under my mothers address (who i am estranged from) and found another ccj taken out on 30/01/2014 I am unsure what to do about that one as i have obviously never received any correspondence in relation to this as it has seemingly been sent to my mothers address. (i believe that this is also bryan carter).

So I don't ring Bryan carter then to find out what the debt is from to determine whether it was a ccj taken out on a statue barred debt?

Is there no point in doing this?

I was only thinking of calling Bryan Carter as the letter stated that I could pay what I can afford towards the debt, however i am reluctant if this was indeed statue barred and they are trying it on so to speak.

many thanks for your help

andy has logged off

by far the best and correct person to advise.

it wont hurt you to make the enquiries about the ccj numbers to northants on the phone

now you have the ccj numbers.

certainly if the debts were sb'd at the time of the ccj, this would be to your advantage to know

andy will advise I'm sure upon such information.

dx