Cabot backdoor CC for Newday Card - Now Warrant of control

[Cloverfield]

Hello.

I've got myself in a bit of trouble

today I received a warrant of control in the post.

 

I'm in debt with credit cards

about 2 years ago, I became unable to continue paying my bills so I just stopped and put all letters that arrived in the bin.

Burying my head in the sand has done me no favours obviously,

 

I have 2 ccj's, each for about 4k.

There are other debts but these are the only ones to apply for a ccj so far.

I only opened this letter because it had a local court name stamped on the envelope.

 

I married shortly after I stopped paying my bills and while my husband knows I was in debt before we got married, I haven't told him about the ccj's yet.

We're not linked financially, so I know he's not actually liable to pay my debt

- even so, how do I explain to the bailiffs that it's just my income to take into account?

What will they want to take from me for the debt?

 

My husband is self employed, and I moved in with him after we married.

The tenancy is in his name only.

Everything is his, apart from my clothing and a few bits of furniture and cooker etc.

I'm not working but get £64 per week carers allowance benefit as I have an autistic son who lives with us and my younger son.

 

I can't afford to pay the £4k before next Monday and my husband doesn't earn enough to cover rent, bills, food and my debt.

I'm just so scared and am dreading them turning up.

 

I can't eat and I feel so anxious - not just because I caused this with my own stupidity, but I don't want to be a disappointment or burden to my husband.

 

Also, bailiffs knocking on the door and the tension it will cause will make my son highly anxious.

I'm not sure how to explain this to a 21 year old with autism.

It will be my fault that he's distressed and it's eating me up.

 

I'm hoping I haven't left it too late to try and sort this out.

I can't have bailiffs coming and taking my husband's van or belongings

- he nor I can prove that they're his things as he's had them for so long that receipts etc have long gone.

 

Also, my son has a Motability car that I'm registered to drive, can they take that?

 

Please, can someone offer me some advice?

[dx100uk]

woe horsey..slow down...theres nothing they can really do so stop worrying.

theres not right of forced entry on consumer debt.

 

it simply means you've run away from your debts

the debts have been sold on to powerless DCA's 

and the powerless DCA's have gone and gotten backdoor CCJ's by using your old address.

 

1st things 1st

on Monday, go ring northants bulk

ask for a copy of the Claimform AND the CCJ by email pdf.

you'll need the CCJ number from your credit file or from the warrant.

 

next goto our legal section of our library

get our N245 and the ex160 forms [exempts you from fees you are on low income]

 

fill those out and send them of to the court the warrant is from.

 

make sure you fill in the bit about suspending the warrant.

 

not much more you can or need to do 

they cant get blood out of a stone.

 

if you wish ring the bailiff

they him you've put in an N245 that should be the end of it all.

a court bailiff is not your enemy and will understand as soon as you tell him what you have done

 

 

[Cloverfield]

Hello and thanks for replying. I'm trying to be calm and rational but it's not so easy! 

 

I may not have been clear as I was on a bit of a ramble but the ccj's were issued while I was at my old address.

I stupidly chose to ignore them and of course, they followed me to my new address.

There's no bailiff name - it's a notice of issue of warrant of control from county court

- creditor is named as Cabot financial. 

 

I know I'm on a low income but won't they still want to know about husband's income?

I only get carers allowance and no tax credits etc, so they'll know my husband has to be paying for me, it's only £64 per week after all. 

 

Haven't I left it too late to try and negotiate with the court?

The ccj's were issued last year.

 

I'm thinking they won't have any sympathy for me, and why should they?

I knew I was in threat of a ccj, I knew I'd got them, and I chose to ignore them.

Why I thought that was the best option, I don't know.

 

Still, if you say that's what I need to do, I'll have a look at the form section you posted and get on to it first thing. 

 

Thanks for trying to put my mind at rest, I really appreciate it.

[dx100uk]

no stop worrying you don't have to put down your OH's income

you are not negotiating with the court, they will accept it

its for cabot the fleecing dca to workout if they'll ever get anything out of you.

and accept it.

tough luck on them sadly.

 

I think ive got it all right but there are lots of other people far more expert than me that will i'm sure clarify things if one or two bits are not quite correct

but 99% of it as its quite std sadly 

you can use our custom google search top right if you want to learn more

 

just type in warrant of control

or like words and it will pop up topics here with those words in

have a go.

 

don't forget to ring northants bulk.

 

what were the debt please

that might further help in deciding if there might be a chance in over turning this and the other CCJ you have

 

 

 

 

[AndyOrch]

How old is this CCJ what date was it awarded to the claimant ?

 

Andy

[Peterbard]

Hi. Have another look at what you received, people do not receive warrants of control through the post, they are addressed to the enforcement agents.

 

What you may have received is a notice of enforcement from the bailiff, could you see which firm it is from, please.

[AndyOrch]

County Court Bailiff warrant of control are sent to the defendants local county court for enforcement purposes I assume the the OP has received Notice that one has been issued from CCBC.

[Cloverfield]

14 hours ago, Andyorch said:

How old is this CCJ what date was it awarded to the claimant ?

 

Andy

The ccj's were awarded last july. 

 

13 hours ago, Andyorch said:

County Court Bailiff warrant of control are sent to the defendants local county court for enforcement purposes I assume the the OP has received Notice that one has been issued from CCBC.

 

That's what this is I think - it's definitely from the local county court, stamped crest etc.

 

It says "notice of issue of warrant of warrant of control". It looks scary.

 

There's only one "warrant", so not "..warrant of warrant.." - sorry, typo and I can't see how to edit.

[Peterbard]

Sounds like it. County court bailiffs are usually quite reasonable and approachable, mainly because they are salaried. I think you should

give the court a ring and ask for enforcement, tell them you are applying to the court for a variation. No need to bother the local librarian, see here.

 

https://www.gov.uk/government/publications/form-n244-application-notice

 

 

The 245

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/772992/n245-eng.pdf

[Cloverfield]

Hi again and thanks for the links. I've looked at the form and I have to list expenses - obviously as I only get £64 per week, it's fairly obvious I wouldn't be able to afford the rent, council tax, food and bills without listing my husband's income. Isn't that going to be a problem? I'm not actually sure how to fill this in without it looking contradictory.

 

 

[dx100uk]

You can list his income but its ignored as such

Stop fretting

[ericsbrother]

It is nothing to do with them what hubby has as income. As for low income and high expenditure, if you are not on UC then all of the other benefits are not paid as cash so council tax benefit is just a reduced bill etc.  The form will ask about income after certain expenses so the bottom line is your £64 pays for leccy and gas. Also debt is counted as income and resets to zero

[Cloverfield]

On 07/04/2019 at 16:49, dx100uk said:

You can list his income but its ignored as such

Stop fretting

 

I called the Northants bulk office, but I was in queue position 31, and after 20 mins, only got down to 23! I didn't have the time to hang on as I was helping my husband at work. Instead, I called the county court enforcement office dealing with the Warrant of control.

 

A helpful lady found the CCJ and told me it was Cabot for an original debt with New Day.. I don't know who New Day are, but presumed they may have been a parent company for the credit card. I explained I wanted to apply for a variation but she said , as I didn't recognise the name, I should get in touch with them and ask for details of the debt. In the meantime, she hadn't sent the warrant to the bailiffs yet and would wait for me to get back in touch. 

 

I explained that I have a 21 year old autistic son at home, and as I'm very often helping my husband, I couldn't have bailiffs turning up at our door and trying to deal with him or his younger brother. She said she would make a note of that, and told me to get back to her when I'd spoken with Cabot.

 

My question is, what do I do now, how do I contact them? I'm nervous about calling them and I'm not sure what I need to say/find out.

 

Thanks for your help so far, guys.

 

[AndyOrch]

I think the N245 is your best option(set a payment plan/suspend the warrant).....trying to agree a payment arrangement with Cabot informally will end in tears as they will want a review every 6 months and hound you to death.

 

The N245 is sealed and approved by the court and once set the Judgment creditors have to make application at cost if they wish to change the payment arrangement.

 

Andy

[Cloverfield]

Ok, I'll print the forms off now and start filling them in. I'm hoping to not need much assistance with it, as I don't want to bog the thread down with 'unhelpful to others' stuff.

 

 

[Cloverfield]

So, first few of many questions - no doubt.

 

It asked about current account (whether overdrawn or in credit) - it's in credit by £68, so I've put that (Carers allowance went in yesterday). Then it's asking about savings accounts. Now, I do have one which hubby transfers savings into - approx £400. Do I put that? I don't want to say I don't have one, but it's not my money that goes in. Should I open a savings account in husbands name? It was easier to pay it in to mine as I had one open already.

 

Next stumbling block, it asks about rent, CT, utilities, water, food, clothing etc - as my husband pays these (apart from uitilities which I pay by DD), do I put them down as my expenses?? There's no box to write down an explanation as to why I'd have such high outgoings with only a small income.

 

Next it asks about priority debts - as I explained, I stopped paying those over 2 years ago. Do I now have to contact them all and make offers of payments? The only debts I pay are a small CT debt and utilities from my previous address.

 

Next - court orders. I know I have at least one other CCJ, which again I have avoided paying, so don't have any information about.  I really don't know how to fill this out, do I? Should I add a cover letter to explain all of this?

 

Thanks.

p.s - this is only form 1 

 

**what should I put down as an offer?

Edited April 9, 2019 by Cloverfield
another question I forgot to ask...

[AndyOrch]

Leave the savings account off...list the priority debts unpaid no you dont have to contact them. List your existing CCjs

[Cloverfield]

44 minutes ago, Andyorch said:

Leave the savings account off...list the priority debts unpaid no you dont have to contact them. List your existing CCjs

I pay £50 per month to CT arrears so I'll list that in priority debts. 

 

I only have details of one CCJ (this one) and Northants couldn't tell me about the others as I don't have case/claim numbers. Does this mean I'll have to check my credit report? I've been reluctant to do that as it will definitely alert any other creditors to me, and so far they've just been fishing. Can I just sort out each CCJ as they crop up instead? At least I'll know what to do and how to fill in the forms.. I know you can bundle CCJ's together if they are less than £5k, but mine are over that amount. 

 

My head feels like it's going to explode!

[AndyOrch]

You can Check The Trust Register for a small fee..it does not alert any creditors

 

https://www.trustonline.org.uk/

[ericsbrother]

get your hubby to stop payments to your savings account.

you list priority debts, t doesnt matter if you arent paying them just that they will be further up the queue than these lot so list them. No need to contact creditors unless someone decide to try and make you bankrupt and then they will get a rude surprise.

[Cloverfield]

I've just had a look at the EX160 form and it doesn't look like I'm exempt from the fee as I don't get UC, IS or ESA. It asks for my income (not to include Carer's Allowance), so there'd be nothing to put in that section - in which case it's asking for my husband's income - he earns over the threshold they mention, so there's no point. I'll just ask him to pay the fee if and when the variation is successful (if that's how it works).

 

Thanks Anydorch for the link to the trust register. I'll look at that tomorrow. I haven't even filled out N245 entirely - I'm feeling a little overwhelmed at the minute, and I've got things I need to get on with today. My son's already whittling and asking me if I'm OK, so I'm obviously visibly stressed out. I've tried to reassure him I'm fine, but I just want this to be over. I feel like a pain coming back here with all these questions, and that's just this first form.

 

Will I need to send in a copy of my Carers Allowance letter, and my bank statement to show the payment going in? Obviously, with the money hubby pays in for housekeeping etc, my bank account will look healthy.

 

 

 

 

 

[AndyOrch]

Only if it asks for copies to be submitted.

[dx100uk]

thread title updated for clarity

[Cloverfield]

19 hours ago, Andyorch said:

Only if it asks for copies to be submitted.

 

Back at it this morning. It doesn't ask for copies on the form, just wondered if it may when they receives the form.

 

Out of my £286.65 monthly income from CA, my outgoings are £285ish. I can tweak that a little so I've offered £5 per month.

 

I haven't put anything in the "others living in my home give me" section, as my husband just pays for everything. Is that right? I'll enclose a cheque for the £50 fee, and it asks if I can pay anything off the ccj - should I enclose a cheque for £5 too? Is that also payable to the court or Cabot?

 

Thanks for your help so far.

 

[AndyOrch]

Dont include a first payment yet..just the fee...wait until the application is processed.