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Bailiff warrant of control help

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Hi guys,

looking for some advice with what to do,

 

my husband has received a letter from the court

it’s a warrant of control, giving 7 days for payment, it’s a ccj he didn’t know about as it went to old address, his fault for not giving new address,

 

I was going to fill out the N245 form & send that but after he’s phoned them they said he needs to ring the solicitor to offer payment, it’s Restons,

he’s told them I deal with things like this & given authorisation for me to deal on his behalf,

he doesn’t understand or deal well with things like this,

 

they told him he can’t stop the bailiffs until he’s made an offer of payment,

I need to phone them but not sure what to do or say,

 

do I tell them I’m sending a N245?

Do I do this or just offer a monthly payment,

 

can’t afford a lot the debt is £4500,

is £50 a month to low,

 

he’s already got another ccj he pays,

another letter before claim plus other debts,

not sure what to do

 

Hope someone can help & thanks in advance for any replies

Edited by dx100uk
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Whats the CCJ for ?

 

Who is the claimant ?

 

Restons..... I would assume its a CCA regulated agreement .

 

 

Andy


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Yes it’s either credit card or Halifax overdraft, as we’ve not seen the ccj were not sure which one

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Are you saying he now has 2 CCJs + looks like another looming?


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Unless someone beats me to it (as have to go out) then I think they can all be incorporated and just make a single payment.


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Yes I have read something about that, thanks

 

I’m just about to phone restons but still don’t know what to say,

not sure about sending an N245,

 

I really don’t want bailiffs turning up,

 

I know the rights with regards to not letting them in etc

but we live in a quiet little cul de sac & you can see & here everything

Edited by dx100uk
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Unless someone beats me to it (as have to go out) then I think they can all be incorporated and just make a single payment.

 

 

 

If you have other judgments or debts

 

If you have another judgment against you, you can arrange to pay all your debts to the court in a single weekly or monthly payment.

 

This will stop people taking action against you to get their money - for example by sending bailiffs to your home.

 

You can only do this if your total debts are under £5,000.

 

You’ll need to fill in the application for an administration order (N92).

 

https://www.gov.uk/options-for-paying-off-your-debts/administration-orders

 

 

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-do-owe-the-money-pay-the-judgment


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Yes I have read something about that, thanks

I’m just about to phone restons but still don’t know what to say, not sure about sending an N245, I really don’t want bailiffs turning up, I know the rights with regards to not letting them in etc but we live in a quiet little cul de sac & you can see & here everything

 

Submit the N245......and suspend the WOC...send a copy to Restons...no need to ring them.

 

Thread moved to Financial Legal Issues Forum....

 

Andy


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Submit the N245......and suspend the WOC...send a copy to Restons...no need to ring them.

 

Thread moved to Financial Legal Issues Forum....

 

Andy

The court said to my husband he has to ring them to make offer of payment or the court/bailiffs want it in 4 instalments, husband has already phoned

Restons but told them I’m dealing with it for him, so no offer of payment made yet, I can’t get through to court but they told him to phone Restons?

Edited by Towerofterror

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Might be worthy to ring northants bulk and ask for a copy of the claimform and the CCJ by email pdf too


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" The court said to my husband he has to ring them to make offer of payment "

 

Telephone receptionist are not trained or allowed to advise......just submit the N245 today to your local county court...email Restons a Copy if you wish although the court will send it to them anyway.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Feb-2017**


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Will the N245 stop the bailiffs

, letter says they will come if no offer/contact made by Monday 16th at 10am,

 

husband is worried court won’t accept a decent offer,

£75 would be the most really,

 

he had a breakdown & depression a while ago & im worried this might set something off again,

 

he said Restons said on the phone they will suspend bailiffs if an offer is made

Thanks

Edited by dx100uk
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Yes n245 will stop the bailiff

 

Its only a court bailiff anyway

Not your enemy

They are quite helpful in reality

 

Once you've done the n245 ring the bailiff and tell him

 

Imho £75 is far too much!!


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We haven’t got a number for the bailiff just the court number

we will offer less on the N245

 

husband wanted to offer £75 direct to Restons,

 

other thing is on the N245 there’s nowhere to add other debts he owes only court orders,

 

he’s not yet paying towards these but will probably have to soon but after outgoings it leaves a couple of hundred nearly spare but some of which will be going to other debts?

Edited by dx100uk
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Imho just deal with this warrant for now

Start a new thread and list his other debts once this has been resolved

 

Dx


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Well no point going ahead with the N245 now as husband has spoken to Restons earlier & agreed a payment plan,

£75 a month & they will suspend warrant,

 

he was stressing too much he said & the fact the N245 cost £50 was just adding more cost

 

I just hope Restons send confirmation in a letter & email that they’ve suspended the warrant like they said they would

Thanks for your help guys it’s much appreciated

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Great shame really as much better to have an Order from the Court that as long as it is adhered to will prevent Restons doing much else. If on a low wage or certain Benefits then the fee may be waived in full or in part - see https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees for more details.


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I doubt retons will

wouldn't trust them as far as I could spit.

 

do the n245 for say £20 PCM then you've saved £50PCM [1st month pays the N245 fee]


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They’ve sent over the email with all details but no mention of suspended warrant although it states if you fail to keep up repayments they will refer it back to court for enforcement, he’s going to ring the court in a couple of days to check it’s suspended

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no do the N245...

gives you protection then..

 

is this a tomlin/consent restons are going on about?


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Sorry don’t know what a tomlin/consent is

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redact the email

copy and paste it here

 

read upload


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Don’t know how to copy it on here I’m on phone or iPad, laptop isn’t working properly, the email they’ve sent is a headed letter same as you would get in the post & mentions nothing about tomlin or consent order (I’ve googled it) it just states what he agreed monthly cost wise & monthly date to be paid by each month then states if the payments are not kept up they will refer it back to court for enforcement & that they will possibly review in 6 months time, that’s pretty much it really

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