Showing results for tags 'warrant'.
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Today I have received a Issue of warrant of control for debt to lowell from the courts ,it states a baliff will to remove goods call unless full payment is made by 22nd jan . I admit I have left this spiral out of control , but need advise please . I am a full time carer for my wife who has severe mental health problems/suicidal thoughts and multiple physical disabilities . Also my son who has severe autism has been having fits and I have been so worried about both my wife and my son and also suffering dizziness and anxiety myself have left this go , I did receive a claim form back in april , then in july was ordered to pay instalments of £50 a month , however my financial situation is that my wife claims employment support Allowance and is in the support group , she claims Personal Independence payment , the mobility payment being paid for her motability car ) the only income in my own name is £62 a week carers allowance, also back in January last year a budget sheet was compiled when contacting the national debt helpline of our finaces and we had more outgoings than income . The £50 a week set by the court has not been paid and I have buried my head in the sand so to speak due to all going on with my wife's mental health , and my sons fits ,now Ive made matters worse receiving the Warrant of Control . I havnt got the money to pay , and I cant allow balliffs in and this would cause my wife distress , and as she is prone to suicide attempts . Also severe anxiety disorder .ongoing depression and is on a lot of medication. , constant tremors Any advise please , I have alot of documented evidence of my wifes mental health from health care professionals . kind regards -
Hi everyone. Earlier today I received a Notice of Issue of Warrant of Control from the County Court Business Centre, it reads; Urgent To the Debtor You have not made payment under the judgement as you were ordered. The creditor has therefore asked for a warrant to be issued to the bailiff to seize and sell your goods. Unless you pay the amount due to the court before 02 December 2016 the bailiff will call and may remove your goods for sale at public auction. This may mean that you will have to pay further costs. Total to Pay £179.25 Balance Outstanding £1,392.38 Dated 25th November 2016. ==== I have registered at MCOL and have my MCOL account details and Password but am unsure how to go ahead as I seem to be missing some information, MCOL asks for Claim Number and Defence Pack Passwords but these are not on the Warrant, just Case Number, Warrant Number, Local Number & Creditor's Ref. === At no point have I ever acknowledged the debt with Lowell Portfolio either by phone / letter or email. The name on the warrant is also slightly incorrect, it has my title as Miss whereas I am a man in my late 40's. I don't know if this is relevant or not but thought best to mention it. === I am in no way capable of paying any of the outstanding amount. Following a serious illness I am now long term disabled, my only income is ESA ( support group ) and High Rate DLA. A little other information that may or may not be relevant, my home belongs to my Mother but I live here alone, I have no proof of ownership of any of the goods in the house and so understand that these can be / may be taken by the bailiffs. I hope you can help me with this matter, if you need any further information i'll do my level best to post it here. Thanks AlanGBS -
Hi all, I have a letter direct from the local council's own court baliff demanding I pay my council tax bill with 14 days or he will ask the courts to commit me to prison. If I ignore this, would my entry in to the Royal Navy in January next year be effected? Would I have a police warrant for my arrest, or not? -
Do all warrants of execution or warrants of distress need to be signed by a Judge? If they are not signed, are they lawful for an Enforcement company to execute. -
Hi all, I'm hoping someone with knowledge can help. UH are applying for a warrant to enter and fit a prepayment meter. The amount I owe is 349.65. This includes £200 security deposit. Ive got a bit behind but will be able to pay the actual 149.65 I owe next week. They are saying they wont accept that and will pursue the applucation on the basis that I still owe them 200.00. Can they do this? They were the supplier when i moved in and i told them I'd be happy to pay by dd but they wouldn't accept. Legally, is this 200 even a debt?? Thank you! -
So I was nightshift last night and woke up this afternoon to a letter from scott and co telling me that a summary warrant has been granted against me for unpaid council tax, thing is I don't have any unpaid council tax. I did have a small amount last year but that was paid off months ago. I called the council in a rage who told me there was no one available to speak to me but that my account was showing as up to date and they couldn't understand how this had happened, i could wait 45 mins (!) on hold or call back later. So I called back later and they have recalled it from the sheriff officers but are refusing to take the 10% court fee off it. The council are claiming there have been two late payments on the account and this is why this has happened, the first in April which I accept as I went on holiday and forgot to pay it before i left (i pay with a swipe card) so the payment was a week late, they claim a second late payment in june which i dispute but cannot prove, they say it was paid on the 4th rather than the 1st, surely even if that is true it falls within the seven days they give you to catch up with a late payment? I dont understand why if this allegedly happened in june am I just hearing about it now? Why didn't I get my second reminder letter from the council? How can a summary warrant be granted against someone whose account is up to date? and is there anything I can do about it? I am not happy about paying the extra 10% at all but at least they have recalled it from Scott and Co so I wont need to deal with them. Is it even worth fighting them on it or should I just pay the 10% extra and forget about it. Also they assure me this will not affect the mortgage I am hoping to get in the next few months, the bank have already told me I can have the mortgage I am just saving the deposit, please tell me they are right? -
About 18 months ago I took an ex-partner to court to recover money that I had lent him during our relationship. He admitted the debt, made an offer of payment and judgement was entered. He kept up the agreed payments (with one "blip") until he had paid just over half of the order, then decided he couldn't afford it any more. He hasn't made a payment since January. I applied for a Warrant of Control which was issued but I have now had a letter from the Court stating that the Warrant has been returned as the bailiff has been unable to meet with the debtor. I know he still lives at the address given but just does not answer the door to unexpected callers. What is my next course of action? It seems that he is laughing at me and the Court and I just don't know what to do next. The original claim was for approximately £1100 and the outstanding balance is £470. Thanks
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In a few threads it has been stated that the EA does not have to show a warrant or copy of It would save a lot of problems if they presented either of the above why do they not need this?
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Hi, It's been a long time since I needed to come onto this site but it looks like I'm back again. I need help but really don't know if helps going to be possible now. Ok here is what's going on so far. background info For the last five weeks I have been at my mums house, I'm diagnosed with bipolar and things have been pretty bad. I've been back and forwards to the doctor to get help, their mental health clinic and 9 days ago things hit critical mass and the doctor called in the mental health crisis team who have been visiting me daily and will be for the foreseeable future. I live alone and after a massive problem with new meds given to me by the doctor I moved back to mums for my safety. I'm on yet another set of meds that at least has started to let me focus on things hence being back on here for help. My problem Arriving home I have found two letters, the first a notice of issue of warrant of control. Dated 15th March 2016. It states that I owe Marlin Europe I £804. To be paid by the 29th March 2016. Posted on the 18th March. The second letter was hand delivered I have no idea when and this is a notice of first visit, talking to neighbours there was somebody at my door earlier today but the date on the letter is the 1/4/2016. My daughter went to check the house on Saturday and said she didn't see any mail so I don't think it was delivered on Friday of Saturday. The letter also stated I have until 10am on the 6th of April to pay the amount owed. Now the bit I need help with I haven't to my knowledge had anything to do with Marlin Europe, I have no idea who they are, I also have no idea when all of this was started and have had no paperwork from the courts. I have been through everything I've received since Christmas to check to make sure I haven't missed anything. I really don't know if I have any options or do I just roll over accept it and try to come to some agreement with them, but since my income is esa at the moment they can't have a lot. I would be very grateful for any help, this has come out of the blue -
Hello, Just joined this wonderful place hope I can be of some assistance to others too, here is a problem I am facing. I recently moved into a properly just before Christmas I've been sent a bill from Haven power for £4000+ the bill is not in my name, obviously a previous tenant has ran up a bill and left.. . I tried speaking to them on the phone but they are telling me they will access my apartment THIS WEEK (well their agents face2face) to collect the debt and put a smart meter in... . I have no account with Haven Power and also, just renting the space from the lease holder. ..I have a young baby and I'm rather worried about what my rights are here.. I sent a letter to tell them this, via recorded delivery, they have responded with some legal documents saying it doesnt matter if I'm not the person who owes them money, they will still access the property... Any ideas? Thanks Alan -
Supply start date Feb 2014 Dispute raised March 2014 based on start of contract meter reading and inaccurate bill. September 2014 Court date set for warrant application and stated to court the warrant process was being misused and the account was in dispute warrant declined as there was no need to attend my meter for any works or service. After the declined warrant application I agreed to have smart meters fitted and debt would be refreshed due to inaccuracy on contract start date. Debt has never been wiped as agreed, so account remains in dispute. The engineers came and declared it unsafe to sit a smart meter due to age of current gas meter, they wanted to replace the meter due to age but due to location would need to consult with national grid as walls needed to be knocked through etc etc and pipes re piped. Nothing materialised, I changed my supplier however as I have discovered today only the electric went through. I was unaware that the supplier was still supplying me and assumed I was on a dual fuel tariff with new supplier however it's electric only. I have today been issued with a notice to obtain a warrant due to debt of £3500. Last meter reading was September 2014. Have bot been provided with an accurate bill in this time. The meter still awaits replacement. Any advice on how to proceed? Upon phoning them They are adamant they either need 50 % payment or they will fit a pre payment meter and deduct 20% of every top up for the debt. I'm happy to have a repayment meter however the amount of debt is not correct
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Is it possible to issue a Warrant of Control against an individual at their business address? And by business address, they are the director of a company and i have found the registered business address on the Companies House website. I'm sorry if this is the wrong forum subject.
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Hello everybody I recently got into debt bother with EON . I spoke to them about my options with regards to my debt (installments, pre-payment etc). I indicated that I would prefer prepayment to manage my debts but then took my time getting back to them . Next I received a letter telling me that they were applying to the courts and had added £60.00. The court date was supposed to be 12th of November and I awaited this date so I could contest the fee (I had already told them that I wanted prepayment), they wrote to me shortly before telling me that the court hearing had been cancelled and they would write to me at a later date. Yesterday (12th) I got home to find some documents and a electricity key INSIDE MY HOUSE !!. The accompanying paperwork said that they had acted on a warrant (no issue date, number etc) and had changed my electricity meter. In my actual mail on that day I got a letter from them telling me that they had reapplied for a court date - which was supposed to be the 16th November !!!. So clearly they illegally entered my house without a warrant and changed the meter. Luckily, nothing valuable was stolen from me by these rapscallions . I have not yet contacted them, instead I would prefer the advice of somebody who has experience in these matters to see exactly where I stand before I act. What are my options, so to speak ? -
Hi, I have really screwed up.. Did not take this very serious. Received a claim from PRA group, so put in a defence within 14 days than within 28 days. Than received a DQ file and just waited to hear back from the courts but did not hear anything until yesterday with a issue of notice of warrant of control by post. So logged online and saw the claim stats (see below) Is there anything I can do? can I still defence ccj? claim stats below A claim was issued against you on 06/07/2015 Your acknowledgment of service was submitted on 20/07/2015 at 09:12:06 Your acknowledgment of service was received on 20/07/2015 at 12:00:39 Your defence was submitted on 05/08/2015 at 12:30:02 Your defence was received on 05/08/2015 at 14:00:49 DQ filed by claimant on 14/09/2015 General sanctions order was made on 17/09/2015 Your defence was rejected on 07/10/2015 Defence was struck out on 07/10/2015 A judgment was issued against you on 19/10/2015 A warrant ????? was issued against you on 06/11/2015 at 19:24:08 Would really appreciate any help... Thanks Neil -
Afternoon everyone I'm after some advice please. Today we have received a warrant of control from our local court (dated 6th but post marked 9th October) saying we have until Monday 19th October to pay an amount of £252.25 (balance after payment £8960.58). It says the creditor is Cabot Financial and can only assume this is the debt collection agency rather than the financial institute that we would originally have had an account with. Can any of you lovely people suggest what I can do with this. As it is due Monday was thinking of paying the £252 which would give us some time to try and find out who this is and see what we can do to either get it set aside (in our dreams) or more likely try and make an agreement for a payment plan. I have recently completed cancer treatment and will agree I wasn't at my most organised during the last 12 months but to stop any further worry need to get this issue resolved as soon as I can. Any advice and suggestions will be gratefully received -
Hello all, I really hope you can help me with how to handle this claim against me. It is regarding a Vanquis agreement from 19 May 2010. To cut a long story short, I was suffering from a gambling addiction and took out lots of payday loans and credit I could not afford. I have paid various debts back but could not afford all. I ended up with 5 defaults against me. With my credit file ruined, I kind of just buried my head in the sand, thinking I would have to wait a good 6 years to get back on track. I have lived in 5 addresses in the past 6 years. Without my knowledge, from nowhere, a County Court Claim form went to my old address (which belongs to my parent's). They do not open my post, and nothing important ever goes there. However, I dropped in last week and a claim had been sent. I could not contest it or even acknowledge it - I had missed the deadline by literally 2 days! When I logged in online, it said a CCJ was issued against me On Friday just gone, a further letter was received at my parents address - a NOTICE OF ISSUE OF WARRANT OF CONTROL It says on this letter that 'Unless you pay the amount due before 25 August 2015 the bailiff will call and may remove goods for sale at public auction' My elderly mother has opened this and is deeply scared. I have tried to do lots of research but do not know what my best option is. They are claiming £970.58 but I simply do not have this money or anyone to borrow that amount from. The original limit was £500 so I do not know why it is so high. I would have liked to have filed a defence, asking for proof of the debt etc as many people are succesful claiming against Cabot with Vanquis debt. I considered asking for it to be set aside, but I fear this will be declined? I did not update creditors with my various addresses. I have moved a number of times since then. If I ask for it to be set aside I fear wasting the £155 which I can ill afford. Or I could file an N245 to ask for a repayment plan? Is this still possible despite the Warrant being issued? I am really in a state of panic - my mum is in tears thinking the bailiffs will visit this week and take MY PARENTS goods to pay this old debt. I really hope someone can help... Thank you so much in advance -
Hello All I made this SAR request to the Energy Ombudsman (E-O) as I wanted to see what Npower submitted to them as evidence to back up their response to my complaint with them. Npower are reknowned for saying they have done everything correctly but not substantiating anything with hard evidence. My questions are: 1) There are some emails between Npower and the E-O where the NPower's persons details (name number email etc) have been redacted. Is this permitted? Why? 2) The E-O hasn't sent me any evidence from Npower to substantiate their response to my complaint (but they did include the emails I sent them as evidence) . Should they withhold this from me in SAR request? As this was the purpose of me making the request in the first place. 3) Can I do anything about the above to get the info I was after in the first place? Many thanks in advance Jimbo -
Hi guys, Im hoping someone will be able to help me , 2 issues really, first one is he has no idea what its for and secondly its in the wrong name These are the details One of my friends has received a notice of issue of warrant of control with a total of £172.25 to pay with a further £230 balance outstanding , The notice was issued in in the county court business centre and the creditor is lowells Does that mean its a business debt they are chasing or a personal debt ? he has never had a business and doesnt have any personal debt that hes aware of The is genuinely the first he has heard of any debt, and he doesnt know of any ccj"s , However as well as those issues which he will now have to get to the bottom of, they have used his middle name instead of his first name on the warrant of control , which is very odd, cause surely if there was an old debt he has forgotton about , surely it would be in his original birth name as thats still his official name, He is known to his friends under his middle name as he prefers that name , but on all his official documents ie his passport.licence , bank account etc hes known as his birth name Hes really worried the bailiffs will call and take his belongings before he can get to the bottom of this He doesnt have funds to pay for a set aside, Does he have to fill in form N245 and apply for feee exemption or does he just call lowells and question what its all about and why the name is wrong etc Any help much appreciated -
A marston agent attended my property and wrongly executed a warrant that had been dealt with by the issuing court. The court in question had not relinquished the warrant but I had all the relevant paperwork to prove it had been dealt with but the bailiff refused to take that s proof or let me call the court for them to clarify. I was not at home at the time but my heavily pregnant partner was, by the time she called me she was hysterical and in floods of tears. The agent had terrorised her with threats saying that he was going to remove goods unless payment was made in full and that he was not going to accept the paperwork that proved the warrant should not have been executed. I spoke to him and explained that it had been dealt with in court and a call to the court would get it rectified but he point blank refused and said that if I didn’t make payment now he would get the removals van. I felt that I had no choice as I was extrememely concerned about my partner’s condition being so heavily pregnant. I paid over £1000 over the phone and when I got home a quick call to the court proved I was right. It has now taken since January 12th 2015 to this day, still with no proper investigation or response from Marstons directly answering my complaints that I find myself at my wits end with them. I have 2 active complaints which are currently being ignored by their ‘customer care’ team, I have written and emailed their board and I am still to get any kind of response. I have notified CIVEA and they are fully aware but won’t act until Marstons have exhausted their 3 stage complaints procedure. I really do not know what to do now. All I want is my money and compensation for what I have reasonably incurred due to them not refunding my money and the financial distress it has caused me and my family. Can anybody help? -
Hi Guys, wondering if anyone can help me/provide some advice. A couple of years ago my landlord (Housing association) applied for a possession order. At the time my rent arrears were around 2k. I agreed with the judge to pay back the arrears at the rate of around £15 per week. I have recently had a period of unemployment and as such fell behind with my agreement, and for the last 6 months or so have only worked sporadically, usually not applying for HB when I havent been working. As the arrears have risen to about 2300 I recently called my landlord to let them know I had secured an 18 month contract at a new employer - and was able to start making weekly payments of £30 per week on top of my rent to start clearing the arrears. I have stuck to this since the agreement though unfortunately one of the payments went missing (since turned up) & they have now sent me letters and are saying they are applying for an eviction warrant. Is there anything I can do, In an ideal world I would like to continue paying the £30 per week on top of my rent to reduce arrears - my current arrears are just under 2k and at a push I could probably get my hands on anything up to a grand to get them halved. Any advice would be much appreciated -
Warrant of issue of control - Carter CCJ
less stress please posted a topic in Financial Legal Issues
I was served by my local court a warrant of issue of contriol for a debt of £1507 owed to Lowell their solicitors being Brian Carter . I was issued a ccj some time ago saying they wanted £50 a month which I couldn't afford . Stupidly I paid nothing . The letter says I have to pay £175 by the 25th of the month to my local court . Will I contact Brian Carter regarding the remaining balance ? Not really wanting the bailiffs to turn up . I know I have dug my head in the sand and it's given me a wake up call ! Any advice would be greatly appreciated . -
this just happened to a friend. .. warrant was issued 12 months ago to old address AFTER the new rules came into force. the 12 month period has just elapsed, my friend expecting that "it's safe to come out now" contacted the bailiffs by phone. Note, my friend was found and contacted about a month ago only by email and no evidence has been provided so far to confirm the debt was valid, they sent each other a couple of emails mainly disagreeing with each other. It turns out that one of the emails sent by the bailiff (2 days before 12 months passed) was their idea of a "payment agreement".. . of course this was never acknowledged of agreed to by my friend and the exact wording I am waiting to find out, can the bailiff simply create this payment agreement without agreement from the alleged debtor? The result is that the bailiff has reset the 12 month clock with a simple email. Please someone tell me this isn't right. Thanks -
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Almost on a daily basis I receive an enquiry on this subject from either a debtor, solicitor or a police officer. Hopefully this thread will assist. Under the new bailiff regulations an enforcement agent has a general right without a warrant to enter debtor’s premises to search for and take control of goods. The legislation is Paragraph 14.1 of schedule 12 of the Tribunal Courts and Enforcement Act 2007 In cases where a Controlled Goods Agreement has been previously signed, the bailiff may have re-entry rights into the premises under Paragraph 16. -
Hi all, I was hoping one of you good people could help. My Dad has received a letter from Chester County Court with part of it hand written stating that a warrant has been issued for collection of a debt. He advised me that this is from around 10 yrs ago and not paid a thing since. Am I correct in thinking this is statute barred? The letter looks a little dodgy to me, almost as if Arrow are trying to scare him into paying. It mentions a warrant has been issued, but no copy of the warrant was enclosed, also there is no date to pay by before the bailiffs visit. I believe a CCJ was issued many years ago. The envelope used also looks like it could have been reused. I have attached the letter and envelope below. This is all that was enclosed with the letter which arrived Friday. Envelope: Letter: If someone could look at this for us that would be hugely appreciated, I have asked my Dad to pop to Citizens advice too. Kind Regards, M -
I will try to keep this brief: We were in financial difficulty and so in July 2012 we gave the keys of our house back to the bank as voluntary repossession and left. We moved from England to Scotland and started afresh. Around xmas time my wives parents forwarded mail from the council to us which was a bill for council tax. I wrote on the bill that we had given the house back to the bank and they should pursue them, and sent it back to the council. Fast forward to October 2013 and we get a letter direct saying we hadn't paid the council tax and that fees had been added. I wrote back telling them exactly what I had written previously. It's been to and fro since then, with them acting like they are above the law. They haven't sent any bills marked Reminder of Final Notice to our address (or any address). They haven't sent any letters before action to our address. They haven't sent any letters giving us a date for the hearings. They haven't sent any letters regarding action after obtaining liability orders - which were apparently gained on the same day as the summons'. They haven't sent any liability orders to us - either a council construct or an original legal document. They even admitted failing to send them to me - they claim to have sent things to our previous address. They instructed bailiffs to contact us - even though we're now in Scotland and this is not allowed. I've complained and pulled them up on loads of stuff but they are trying to fob us off. I have also explained that we haven't paid anything because we simply don't have any money - we wouldn't have given our house up if we had money!!! It seems that because I'm standing up to them they are now saying that they are going to the magistrates and asking for a warrant of commitment and recommending we are sent to prison. This seems like they know they're in the wrong and are just trying to punish us for standing up to their bully boy tactics. I am going to put in an escalation to the complaint today and say that because none of the letters they say they sent were to our current address then the law says we haven't received them and as such they should set aside all summons/liability orders etc. I've seen it suggested somewhere that I can ask the magistrates to set aside the liability orders because of this. Any thoughts on this? How do I go about getting a magistrate to set aside liability orders?
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