TWO Notice of Issue of Warrant of Controls...

[minty]

Hi

Newbie here, thankful for any support! We have an outstanding debt with Hitachi (via DFS). To give you a brief back story, my partner and I both had successful careers until 5 years ago. My partner had an accident requiring spinal surgery, rendering him disabled. He can no longer work and lives on an ill-health pension which isn't much given his 11 year stint with his previous employer. I care for him, working part time self-employed to bring in a bit of income. We only have enough to keep a roof over our heads. Our debts were dealt with through StepChange and we offered each creditor a token £1 a month until we can afford more.

Anyway. On 20th September, we received a Notice of Issue of Warrant of Control. The Creditor is now Cabot Financial. The very next day, I sent a completed N245 to the court named on the Notice (Boston) and a letter to Cabot explaining our situation. I have received a letter back from Cabot headed "For Your Information" thanking us for providing an update. Then, on 29th September, we received a second Notice of Issue of Warrant of Control for the same debt, naming the same creditor but this time from a different court (Southend).

Is this legal? I stated how vulnerable my partner is having tried to take his own life following his accident and subsequent depression. We have nothing of value that we can sell in order to pay off the debt, which is little over £1000. I am sending another N245 to Southend this time today, but I'm wondering whether I should be having to do this or not?

Any advice would be appreciated.

Thank you.

[zeke]

I'm not familiar with a 'notice of issue of a warrant of control' The regulations do not prescribe such a document.

Hiding your personal data, upload a copy of the document.

I have a feeling it is a windup document.

[minty]

Thanks for your help, Schedule 12. Attached are the documents as requested. I'm feeling rather lost at the moment!

[Syd Snitkin]

It's not a wind-up document.

Minty, you say you've sent an N245 so were you aware of the judgement at the time? What is the original debt for?

[minty]

Not aware of an original judgement at all. A form N245 was enclosed with the first Notice (the Boston one). I've sent this off showing that I'm in financial hardship and cannot pay in full. I sent the same to the Southend court. What I can't understand is why they've sent two from two separate courts? Also worried that the N245 won't be accepted. My partner is now disabled, and is suffering with mental health issues too. I'm hoping that vulnerability will be enough to avoid them coming to the door - that's the last thing he needs. Thanks so much for your help. It's good to talk to someone outside of the situation.

[minty]

Forgot to say - it's from hire purchase on a sofa from DFS!

[zeke]

Coming to the door won't achieve anything. There is no power to force entry.

Here are some steps to protect your home from bailiffs.

If you want to apply to stay the warrant of control and vary the judgment, then you complete a form N244 and an N245.

[Syd Snitkin]

Not aware of an original judgement at all. A form N245 was enclosed with the first Notice (the Boston one). I've sent this off showing that I'm in financial hardship and cannot pay in full. I sent the same to the Southend court. What I can't understand is why they've sent two from two separate courts? Also worried that the N245 won't be accepted. My partner is now disabled, and is suffering with mental health issues too. I'm hoping that vulnerability will be enough to avoid them coming to the door - that's the last thing he needs. Thanks so much for your help. It's good to talk to someone outside of the situation.

Forgot to say - it's from hire purchase on a sofa from DFS!

I'm pretty sure that DFS don't do HP, but 0% credit agreements. Seeing as you were unaware of proceedings, you're route would be to complete an N244 to set the judgement aside. You can then serve on Cabot a section 77-79 of the Consumer Credit Act 1974 (CCA) requesting certain documents. You often find firms such as Cabot, who buy debts, don't have all the required paperwork to enforce through the courts.

If the bailiffs do show up then it can only be a County Court bailiff - private bailiffs cannot enforce debts governed by the CCA. Court bailiffs are easier to deal with as they're not on commission. As said, they cannot force entry.

[minty]

You're probably (certainly) correct, Syd Snitkin! Thanks for the advice. Can I still do this even though I've sent back the N245 to the court? Thank you again!

Not aware of an original judgement at all. A form N245 was enclosed with the first Notice (the Boston one). I've sent this off showing that I'm in financial hardship and cannot pay in full. I sent the same to the Southend court. What I can't understand is why they've sent two from two separate courts? Also worried that the N245 won't be accepted. My partner is now disabled, and is suffering with mental health issues too. I'm hoping that vulnerability will be enough to avoid them coming to the door - that's the last thing he needs. Thanks so much for your help. It's good to talk to someone outside of the situation.

Forgot to say - it's from hire purchase on a sofa from DFS!

I'm pretty sure that DFS don't do HP, but 0% credit agreements. Seeing as you were unaware of proceedings, you're route would be to complete an N244 to set the judgement aside. You can then serve on Cabot a section 77-79 of the Consumer Credit Act 1974 (CCA) requesting certain documents. You often find firms such as Cabot, who buy debts, don't have all the required paperwork to enforce through the courts.

If the bailiffs do show up then it can only be a County Court bailiff - private bailiffs cannot enforce debts governed by the CCA. Court bailiffs are easier to deal with as they're not on commission. As said, they cannot force entry.

[Syd Snitkin]

Just get it sent in. If you get any problems you can say you were totally unaware of how it all works until you sought advice. There is a fee but your circumstances seem to indicate a full fee remission. Include form EX160 with your N244 to get the court fee removed.

[minty]

Will do. Thank you again.

Just get it sent in. If you get any problems you can say you were totally unaware of how it all works until you sought advice. There is a fee but your circumstances seem to indicate a full fee remission. Include form EX160 with your N244 to get the court fee removed.

[zeke]

I'm not sure the EX160 is still available in paper form.

There was a SRA briefing note saying applications are made online and the claimant is given an 'application reference' to put on the top left of the court form.

[minty]

You're correct - you apply online and the generated code goes on the top right of the N245 / N244. Thanks for your help. When I know more I will post an update.

I'm not sure the EX160 is still available in paper form.

There was a SRA briefing note saying applications are made online and the claimant is given an 'application reference' to put on the top left of the court form.

[minty]

To give you a quick update - I called the Boston court today, to ask if they'd received my N245 and also to ask why I was being chased by another court for the same debt. I was told that they had received the N245, but that court doesn't process warrants for where I live. The person who processed the N245 was "relatively new to the job" and didn't know this, which is why at a later date I received another form from the second court. Shame no-one informed me of this! But at least I know that I'm only dealing with one court, and which one that is.

[minty]

Received an Order Suspending Warrant / Judgement in the post today and I can't tell you how relieved I am. Thank you for all your help! Now to ensure those £1 a month payments happen. Thank you so much again.

[zeke]

£1 a month. I dont think Cabot will make its money on buying that one.

Offer them £50 to write off the debt. You must say the money is being offered by a friend or relative.

[minty]

You think that's worth a shot, Schedule 12? I'll give that a go - thanks!

[minty]

Should that offer go directly to Cabot or to Restons who seem to be named for payment on the Order? Thanks again.

[delta157]

If you do go ahead with the full and final offer AND before you pay.

You MUST get it in writing that any balance not paid will NOT be sold on, or any other form of enforcement will happen at ANY time in the furture.

Failure to do so before paying could see this come back and catch up with you again!

[Michelle]

If you do go ahead with the full and final offer AND before you pay.

You MUST get it in writing that any balance not paid will NOT be sold on, or any other form of enforcement will happen at ANY time in the furture.

Failure to do so before paying could see this come back and catch up with you again!

Indeed, that happened to me 10 years ago, when I received one of them discount letters from AK (now PR), it was a tiny debt of less than £200, they offered to write the rest off if I made a one off payment of a certain amount which I can't remember now but it wasn't much, so I rang the number provided and made a debit card payment over the phone for the amount in the letter. BIG MISTAKE. AK/PR started chasing up the balance of £57.50 almost immediately, and have sent me so many letters asking for it, I'm sure they've spent a lot more than that in postage, paper, envelopes and ink! I think their last letter was early this year, I made said payment in 2008. Needless to say, the £57.50 are well and truly statute barred, but I've never bothered telling them, why waste paper, ink and postage, let them carry on wasting theirs! But yes, it does go to show you need to make sure you have something in writing agreeing not to pursue you for the balance, then you can make the payment, ideally via a third party, just for added security.

[minty]

Thanks for your help everyone, mother has offered £50 to pay off the debt and I've requested that any unpaid balance will not be sold onand no further enforcement of any kind will take place. Fingers crossed.

On another note... I had a county court bailiff knock the door today. Not expecting a visit, I answered the door and he informed me he was present to execute the above warrant. I informed him that the warrant had been suspended, and he replied "no, it hasn't; I have your letters here and it was declined.". I left him at the door while I went to fetch my Order of Suspension of Warrant. When I showed it to him he said "Oh. Looks as though Southend haven't told Norwich about this. Sorry to have troubled you." and then walked away.

Should I complain about the visit?

[zeke]

No.