failure/aborted warrant of control

[Debaters Reply]

I thought these were CCA debts? They won't be transferring them up to the HC if so.

[mabski]

Sorry - Yes they are enforcing for credit card debts so scrub HCEOs off the options moving forward.

 

Most of my debts are like this I have 4 catalogue debts and 2 credit card debts....does it make a difference in enforcement???

[AndyOrch]

They can only execute one debt/judgment per Warrant...lets stick to the one debt for this thread in question.

 

Tell us about the 2 debts and judgments listed...dates..etc.

 

If you could possibly scan a copy of this Notice of Removal (redacted) that would be helpful....as it sounds invalid if it refers to your wife's debts on the same notice.

[Bailiff Advice]

Most of my debts are like this I have 4 catalogue debts and 2 credit card debts....does it make a difference in enforcement???

 

As I have already mentioned, none of the debts can be transferred to the High Court. If the county court bailiff is unable to obtain payment, Lowells could if they wish make an application to have the debt deducted from your salary.

 

What needs to be done here (and I apologise for repeating myself) is that you need to speak to a debt charity (National Debt Line, Stepchange, CAB etc) and seek help. I am still of the view that a very simple Debt Relief Order would be appropriate for you and indeed your wife.

[dx100uk]

start a new thread for the other debts .

we'll help you.

[AndyOrch]

Continue your discussion here......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?479121-Threatening-County-Court-Bailiffs..can-they-force-entry-into-a-residential-property

 

Recent posts which are of no value to the OP in dealing with the Warrant moved to the above thread

 

Andy

[mabski]

im sorry if I seem to be asking the same question again

 

I've hardly slept the last couple of days worrying about this but the bailiff can't turn up next week with a locksmith and the police and take what little we have can they ???

 

I've read of stories of the police making people let the bailiffs in even when they don't have too and I don't want that happening to me ...

 

I am going to try and get an appointment with the citizens advice today to apply for a DRO but I think the last time I went there I had to wait about 3 weeks to see someone...

 

Thanks everyone for your help and advice

[Bailiff Advice]

Yes, you are repeating yourself. Please forget about the idea of a locksmith.

 

Have you called the bailiff to inform him of your intention to contact a debt charity and hopefully apply for a Debt Relief Order?

It is very important that you do so.....today.

 

Failure to contact the bailiff will lead him to consider that you are a debtor who is wilfully refusing to pay.

[unclebulgaria67]

It would be quicker and easier to contact the debt charity Stepchange.

 

If you qualify for a DRO, they can sort that out for you.

 

The trouble with Citizens Advice is that they are not funded sufficiently and can't offer the service.

 

https://www.stepchange.org/

[AndyOrch]

Given that a DRO will cost you £90 and takes weeks to process..time you can ill afford it would be helpful if you could respond to may last post # 33 ?

 

Andy

[dx100uk]

forget the DRO!!

 

 

dx

[mabski]

Given that a DRO will cost you £90 and takes weeks to process..time you can ill afford it would be helpful if you could respond to may last post # 33 ?

 

Andy

 

I don't know how can i do this without revealing too much info as what you want to see is just hand written names ,my wifes and mine, and both case numbers, both of which would reveal too much info???

 

Its literally a standard removal/take notice with our local county courts address on it with the bailiffs/enforcement officer's name and phone number at the bottom.

 

 

Handwritten at the top is my wife's name and case number then mine underneath and in a space between paragraphs is another handwritten note saying locksmith £250...

[mabski]

forget the DRO!!

 

 

dx

 

What's wrong with the DRO ??

 

Thanks

[dx100uk]

millstone around you neck that probably doesn't need to be there

you need to research the other debts that are making you think this is a good idea first.

[brassnecked]

millstone around you neck that probably doesn't need to be there

you need to research the other debts that are making you think this is a good idea first.

 

I'd be looking at enforceability of each debt. Why have a DRO if the debt cannot be enforced?

[AndyOrch]

I don't know how can i do this without revealing too much info as what you want to see is just hand written names ,my wifes and mine, and both case numbers, both of which would reveal too much info???

 

Its literally a standard removal/take notice with our local county courts address on it with the bailiffs/enforcement officer's name and phone number at the bottom.

 

 

Handwritten at the top is my wife's name and case number then mine underneath and in a space between paragraphs is another handwritten note saying locksmith £250...

 

Its more the form and how they have listed 2 judgments/Debtors on the same Warrant that I am interested to see..you can cover your names and judgment claim numbers...leave the amounts and any other details regarding the judgments

 

This is the form that the creditor uses to request the Warrant of Control...the N323

 

https://www.moneyclaimsuk.co.uk/PDFForms/N323.pdf

 

As you can see only 1 judgment can be listed...so only 1 claim number can be used...you cant list 2 different judgments on the application form.

 

Is there an N number on your form...bottom left?

 

Andy

[wonkeydonkey]

Just a thought but...have you checked to see if any of your debts could be SB?

[mabski]

Its more the form and how they have listed 2 judgments/Debtors on the same Warrant that I am interested to see..you can cover your names and judgment claim numbers...leave the amounts and any other details regarding the judgments

 

This is the form that the creditor uses to request the Warrant of Control...the N323

 

https://www.moneyclaimsuk.co.uk/PDFForms/N323.pdf

 

As you can see only 1 judgment can be listed...so only 1 claim number can be used...you cant list 2 different judgments on the application form.

 

Is there an N number on your form...bottom left?

 

Andy

 

No there's no n number on the letter .... would it make a difference because it's a welsh court ???

 

millstone around you neck that probably doesn't need to be there

you need to research the other debts that are making you think this is a good idea first.

 

In total with all our debts combined It's about 15k and we have no way of paying it off... so the DRO sounded a good idea

 

Just a thought but...have you checked to see if any of your debts could be SB?

 

They're all from around the same time about 4 years so I don't think any are statute barred.... I haven't heard anything about them for years then suddenly the court papers started turning up ....

[unclebulgaria67]

In total with all our debts combined It's about 15k and we have no way of paying it off... so the DRO sounded a good idea

 

Have you actually picked up the phone to talk to a company like Stepchange about this ?

 

If not, why don't you do so this morning.

Get the ball rolling.

 

Then phone the court bailiff to advise them you are trying to deal with it and have spoken to Stepchange.

This court bailiff knows nothing of your situation.

For all they know, you are sitting on money, have plenty of expensive goods and are not bothered about the debts.

 

And then in addition, you can find out about the issues Andy has raised.

Ask the court bailiff what applications the creditor has made and what court they were submitted to.

[Bailiff Advice]

Excellent post UB.

[mabski]

Hi All

 

I've been getting chased by lowell for a couple of credit card debts from 5 years ago and they've issued a couple of CCJ's against me.

 

They instructed a court bailiff to come to my address and act on a warrant of control for my goods but i was never in when he called.

 

One lunchtime he caught me coming home and i explained my situation to him,

told him that he was chasing a small part of 20-30 grand worth of debt and there was no way i was ever letting him in...

 

He also accepted that i had no way of paying off my debts as i live in a council house with no assets so he said he wouldnt be back and that he'd refer it back to lowell's...

 

They must have instructed a new Bailiff as we started getting hand delivered letters off a woman instead but i never actually met her as she never came when we were home

 

the last letter we had off her was one saying she was coming back to remove levied goods,

as she had never gained access to my house i just ignored it as it was obviously just another threat.

 

Now we've received a letter from Lowell headed failure/aborted warrant of control and i was wondering what this actually meant as I've never come across this before???

 

Does this mean they'll have to go back to court and try again or have they dropped it??

 

I know they've just sent me another pre court letter for another part of my old debts,

a year before i would have been statute barred.....

 

You would think they'd realize that if i cant pay the first few what hope do they have of pursuing more ??

 

Anyway thanks for any help given ...

[honeybee13]

Hi.

 

I've moved your thread to the bailiffs advice section from the discussions one. People should be along later to help.

 

HB

[dx100uk]

I gather these were court bailiffs as they cant use HCEO's on regulated consumer debt

tough for lowells then

 

tell us about the CCJ

[Peterbard]

Hi All

 

I've been getting chased by lowell for a couple of credit card debts from 5 years ago and they've issued a couple of CCJ's against me.

 

They instructed a court bailiff to come to my address and act on a warrant of control for my goods but i was never in when he called.

 

One lunchtime he caught me coming home and i explained my situation to him,

told him that he was chasing a small part of 20-30 grand worth of debt and there was no way i was ever letting him in...

 

He also accepted that i had no way of paying off my debts as i live in a council house with no assets so he said he wouldnt be back and that he'd refer it back to lowell's...

 

They must have instructed a new Bailiff as we started getting hand delivered letters off a woman instead but i never actually met her as she never came when we were home

 

the last letter we had off her was one saying she was coming back to remove levied goods,

as she had never gained access to my house i just ignored it as it was obviously just another threat.

 

Now we've received a letter from Lowell headed failure/aborted warrant of control and i was wondering what this actually meant as I've never come across this before???

 

Does this mean they'll have to go back to court and try again or have they dropped it??

 

I know they've just sent me another pre court letter for another part of my old debts,

a year before i would have been statute barred.....

 

You would think they'd realize that if i cant pay the first few what hope do they have of pursuing more ??

 

Anyway thanks for any help given ...

 

It means the warrant was probably issued to a court bailiff, and after hearing your explanation he decided that the debt was uncollectable and so returned the warrant to the court. County court bailiffs are generally more likely to listen to reason than their private counterparts.

 

I wouldn't mind betting the second visit you received was from a Lowell agent.

 

The CCJ still stands and the creditor have the option to enforce via another warrant if they wish, however I think it unlikely.

[Bailiff Advice]

 

Does this mean they'll have to go back to court and try again or have they dropped it?

 

They could apply for an application to have the debt repaid by deductions from your salary (an attachment of earnings).