Debts can make you go through financial whirlpools when you are unable to pay them off systematically. Furthermore, there are countless uncommon terms that you have never heard of before. All credit goes to your debts, and you are now discovering new words or chunks of them every day. And, one such new phrase is a Warrant of Control.
Especially, if you have received a county court judgement, there are enough possibilities that you have got a Warrant of Control too. Well, what is a Warrant of Control, and how to deal with it? If you are confused with such similar questions, then this guide would help you out to a great extent. So, let’s get to know about the Warrant of Control.
What is a Warrant of Control?
A Warrant of Control is legitimate paperwork that you might receive if you have not paid the county court judgement. The Warrant of Control indicates the specific bailiffs or enforcement individuals might seize your belongings. And, they would pay your debt, whether it is your home or business, the enforcement agents would reach your location.
Moreover, they would sell all your belongings that they seized to pay off the outstanding debt. The court has the authority to release a Warrant of Control against you. And, your creditor can apply for such an action if you have neglected or didn’t pay the county court judgement.
Issuance of Warrant of Control
Well, you can’t receive a Warrant of Control directly. First, you would receive a CCJ. In case you fail to repay your existing debt or the CCJ against you, then your creditor has the liability to knock on the court.
And, if the demands of the creditor are valid enough, then the court would issue a Warrant of Control against you. So, we are pretty sure that you know what is a Warrant of Control and how it is issued.
However, an enforcement agency would inform you about the action. Again, you will receive a chance to repay your debt within the next seven days, if you don’t want the Warrant of Control to process furthermore. But, you need to face additional charges as a court and agency fee. And, if you don’t pay it off with this final call, then you can expect the enforcement agents knocking on your door.
How to Protect your Belongings from Bailiffs?
The bailiffs are going to visit you, at your location, if you haven’t cleared off the debt. Make sure that you can’t let them inside your home or office. The bailiffs are also bound to follow a definite set of rules. So, don’t get frightened and revise the following terms. They are out of liability to enter your premises, otherwise:
- You have violated an agreement that you signed with them before.
- The bailiffs were allowed to enter your premises previously, but at that time the occasion was different.
- The agents have already possessed the belongings.
- You have received two clear day’s notice from them, already.
On the other hand, bailiffs can enter your home or office on any business day. They can’t enter if it’s a holiday or Sunday. Additionally, the working hours for bailiffs are from 6 am to 9 pm. If bailiffs appear at any hour, other than this, then you can call in the police, straight away.
Moreover, they can’t break through your door. We mean that they can normally walk through the door. And, they can’t jump through your window and enter your property.
Can you Make Payment Offers to the Enforcement Agency?
Apart from ‘what is a Warrant of Control’, most debtors enquiry, if they can offer different payment modes rather than seizing belongings by the bailiffs. The main perspective of enforcement agencies is to collect the outstanding debt from you. Therefore, when you can’t pay off the debt in full, suggest to them if you can pay in instalments.
If you want to reach a suitable financial settlement, then take the opportunity as soon as possible. Once the enforcement agency contacts you, contact them back. And, ask if they would settle for an affordable instalment policy. If you can make them agree with your settlement policy, then there are chances that they won’t come to seize your belongings.
Make sure that you’re offering an affordable instalment plan. Work on your budget to find out how much you can afford every month. In addition to this, take a look at your existing debt amount to decide the right instalment plan. Don’t forget to send a copy of the budget and your additional debt plans.
If it works then bailiffs would visit your place. They would ask you to sign an agreement on controlled goods. It implies that you can’t let them possess the belongings as long as you are consistent with your payments. Additionally, you need to make the payments on time.
What can’t the Enforcement Agents or Bailiffs Take?
It’s a myth that bailiffs would take away all your possessions. However, there are some restrictions that bailiffs have to follow on what they can seize and whatnot. Bailiffs can’t seize the following items:
- Common household items that are required for your domestic needs. And, these include washing machines, refrigerators, cookers, dining tables, chairs, microwaves, clothing, and bedding.
- Communication tools such as your mobile phones and landline.
- Your medical equipment.
- Computers, tools, books, and every essential that are required for your livelihood.
- Your assistant animals or pets.
However, they might not seize your belongings if they are less than £1350. They might not take away something that you are currently using; but, for sure, they would come back to possess those.
And What Can they Take?
Bailiff officers can take goods or belongings that you own, legally. If anything in your home or business belongs to a third party then bailiffs don’t have the liability to seize them. Additionally, bailiffs lookout for the following items for paying off the debt:
- Electrical goods
After they are done with collecting your belongings from your place, they arrange an auction. There they can sell all your possessions at a good price.
Would Bailiffs Carry Away Hire Purchase Goods too?
Any bailiff doesn’t have the authority to take away something that doesn’t belong to you legally. Additionally, there are discriminations regarding the legal views of possessing such goods by the bailiff agents. However, you can show them the credit agreement or receipt of such hire-purchase goods. In case the bailiffs threaten you, it’s better to contact a financial advisor to decide your next step.
What if there are not enough Goods to Seize?
Well, if the bailiffs don’t find anything that is worth enough to make up the cost of driving a van and arranging an auction then they might leave. However, the bailiffs might return and take away your goods. Basically, they can pick any date within the twelve months from the date of enforcement has been signed.
In case, you have made any payment policy with the bailiff then the terms are different. Once you break any of the promised policies, the 12-month period initiates from that particular day.
Moreover, if the bailiffs can’t find anything that would help them retrieve the debt paid from you, they would return your case to the court. And, the court would inform your creditor. Your creditor might try other stricter enforcement actions. So, discover what is a Warrant of Control and how you can handle them from a proficient financial advisor near you.
Consequences of Letting the Bailiffs in
Well, if you are unable to prevent bailiffs from entering your home or business place then there are a few things to bear in mind. The bailiffs generally take away anything from your premises at the first visit. On the other hand, they would ask you to approve an agreement called Controlled Goods.
This agreement lets you use your belongings that are listed on the agreement. However, if you break any norm then the bailiffs are going to return and take away those items. Additionally, you can’t deny signing the agreement. If you do so, then they might possess your goods right away. Even worse, they can end locking up your goods in your spaces.
Is it Possible to Stop the Warrant of Control?
The only possible way to postpone the actions due to the Warrant of Control is by applying to the court the submission of an N245 form. If the bailiffs haven’t yet visited your place then the court can’t refuse your request. In addition to this, you have to pay a court fee, along with the submission of the form.
However, you might not need to pay anything if you’re low on income. After successful submission, the court would notify your creditor with a copy of the form. The creditor has to inform the court about further actions regarding the outstanding debt, and you will hear from the court. So, take the right decision or contact an efficient financial advisor to get rid of financial stresses.