If you’re the recipient of a warrant of control, it would have been sent by the high court to your creditors. In essence, it gives them the privilege to take your property. This simply lets them repossess your items and sell them for the value that is owed. So, what Is A Warrant Of Control?
If for some reason you were unable to pay your debts and you owed the creditors, a CCJ might be lodged against you. The County Court Judgement is done to ensure that you’re forced to pay the amounts owed. In the instance where it is indeed successful, then a warrant of control must be pursued. This is one of the key tactics that are used to make you pay.
The warrant of control is better known as a legally prepared document that allows a bailiff to come onto your property and take control of some of your assets. These are given by the county court and give the relevant authorities the power to collect from you. If you cannot pay the amount owed, they usually take items that can be auctioned for what is owed.
How Does A Warrant Of Control Work?
County Court Judgement
Before a warrant of control is issued, you’ll need to have a County Court Judgement filed against you. This is essentially the court order that gives instructions for you to pay what is owed to you. The sum is usually paid to the creditor and you’ll be given a maximum of two weeks to give your response.
Failure To Pay Or Missed Payments
If for some reason you cannot pay even after the County Court Judgement is filed against you, a warrant of control may be pursued. However, before that can be done the following must occur:
- You failed to pay the full amount as instructed
- You missed a payment
When payments are missed or you simply fail to pay, a warrant of control will be issued by the relevant authorities. This gives the power to a bailiff to take control of some of your assets. In most cases, you’ll be given up to 7 days’ notice.
This is essentially a warning of enforcement action. Hence, it is referred to as the enforcement notice. After your goods are taken by the agents, they will then proceed to auction them off to repay the debt owed.
What Happens After A Warrant Of Control Is Issued?
After the warrant is issued, there will be a notice of enforcement. When the warrant of control is enforced, you’ll have up to a max of seven days to get things sorted. However, it’s best to note that these seven days do not include Bank Holidays or Sundays.
If you can afford to pay within the seven days, the entire matter will simply go away. In essence, your debt will be considered settled. If your debt is settled, then the creditors will call off any action against you.
However, if you cannot pay, then you should expect the relevant authorities to show up at your home.
How Do I Stop A Warrant Of Control?
If you’re interested in stopping the warrant of control, one of the easiest ways to prevent anyone from coming to seize property is by applying for a suspension of the warrant. This can be done via the N234 application. These application forms are usually collected from the county court.
Additionally, you can also visit the government website to download the form. On the form, you’ll need to outline in proper detail the debt that you owe, as well as the outgoings and income. If you’ve made any previous payments, these can be stated on the form as well.
It should be noted that you may be required to pay some additional fees to process your application. The court then decides on whether or not they see it fit for the warrant to stand. If for some reason it does the bailiff will then be allowed to pay you a visit.