Notice of Issue of Warrant of Control

[AlanGBS]

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

[ploddertom]

Are you saying you never received any notification or any documents prior to this? If so when did you last move?

[ploddertom]

The Bailiff can only remove goods if you allow him peaceful entry to your home - invite him in which would be a seriously bad idea. He could however remove goods from outside if there are any, car,caravan, motorbike, quality garden furniture, to of the range BBQ etc.

 

The question has to be do you owe this? The name on the Warrant would be looked upon as being minor and be ignored.

[AlanGBS]

Are you saying you never received any notification or any documents prior to this? If so when did you last move?

 

I have received letters from Lowell Portfolio regarding this debt, a debt that at no point was ever on my credit report ( possibly due to the slightly incorrect name, Miss / rather than Mr ).

 

Unfortunatley, in my error, acting on advice from a friend who called Lowell chancers and bullies, I ignored the letters.

 

However at no point was I told that this matter was going to court.

 

I have just paid £4 to the Registry Trust for my court records and it returned 'nothing registered'.

 

I haven't moved house in the last 15 years so it won't be that.

[ploddertom]

How old would the debt have been?

 

Be back later as must pop out.

[AlanGBS]

Have now spoken to Lowell and a stop has been put on the warrant, in fairness they were actually very decent with me on the phone.

 

Not at all what I expected.

 

If you would like to save forum space you can lock / delete as applicable.

 

Thanks for the help.

[ploddertom]

Also meant to ask you if you have checked your Credit Files - Noddle is free but may take 24 hours or so to produce, the others give a free trial but can be expensive once it has expired so don't forget to cancel.

[ploddertom]

Did they explain why?

[AndyOrch]

Have now spoken to Lowell and a stop has been put on the warrant, in fairness they were actually very decent with me on the phone.

 

Not at all what I expected.

 

If you would like to save forum space you can lock / delete as applicable.

 

Thanks for the help.

 

We have plenty of space and do not delete threads...if you could expand as to why and what exactly do they mean by " stop "...for the benefit of others and people that have advised you here.

 

Regards

 

Andy

[dx100uk]

well ofcourse lowells will be nice to you

they've just succeeded in getting a backdoor ccj against you

that in all truth you probably don't even owe it

 

and not only that

they through the court

have send a court bailiff to your door.

 

and you've rung them too.

hope you didn't promise any payments!

 

a dca is not a bailiff

and they've already donr all they can to you.

 

you indicate that the prefix was wrong on the claim form/CCJ

so it was in MISS alangbs

rather than MR alangbs?

 

eithway I bet the address was correct and it still didn't get thru.

 

whats the debt

if its not is your name the CCJ is useless

get it set aside by mutual consent with lowells

but please don't pay them anything

 

and comeback and tell us how you got on.

[ericsbrother]

so, you have given Lowells the opportunity to backtrack and correct ther peperwok so they can continue their claim against you whe it was really for someone else in the first place.

 

 

Please take this matter further by going for a set-aside of the judgement and then get Lwells claim not only chucked out of court but some form of restitution as well as they clearly have been misusing your data under the DPA.

 

Just agreeing something cosy with Lowells wont save your good name, they will now trash your credit report as well.