A warrant of control is a legal document that can have significant implications for individuals dealing with debt.
This article aims to demystify the concept of a warrant of control, explaining what it is, why it might be issued, and what happens after its issuance.
We will also delve into the role of County Court bailiffs, the process of making a payment offer, and the possibility of stopping a warrant of control.
This comprehensive guide will provide you with a thorough understanding of warrants of control, helping you navigate this complex area of debt law.
What is a Warrant of Control?
A warrant of control is a legal document issued by a court, typically when a County Court Judgment (CCJ) has not been paid.
The warrant authorises enforcement agents, commonly known as bailiffs, to take control of the debtor’s possessions.
The aim is to encourage the debtor to pay off their debt. The issuance of a warrant of control is a serious matter, indicating that previous attempts to recover the debt have been unsuccessful.
It’s important to understand that a warrant of control is not issued arbitrarily but is the result of a legal process that has determined a debt is owed.
Only then will a County Court bailiff be empowered to collect it.
Why Have I Received a Warrant of Control?
If you’ve received a warrant of control, it’s because a creditor has taken out a CCJ against you, and you haven’t paid it.
This debt is likely to be a debt owed to the government (council tax, parking fines, child maintenance arrears) as bailiffs are unable to collect debts protected under the Consumer Credit Act (credit cards, payday loans, overdrafts).
The creditor can apply to the court for a warrant of control to recover the money you owe. It’s the only situation in which a warrant of control can be issued.
It’s illegal for the court to grant a warrant of control without prior County Court Judgment proceedings.
Receiving a warrant of control is a clear sign that immediate action is needed to address the debt situation.
What Happens After I Receive a Warrant of Control?
Once a warrant of control is issued, you will receive an enforcement notice. This notice gives you seven clear days notice to pay your debt.
These ‘clear days’ exclude Sundays, bank holidays, or Christmas day. If the debt is not paid within this period, bailiffs have the right to visit your property to seize your possessions.
The seized goods may then be sold at auction as an indirect way to collect money owed.
It’s important to note that there are strict rules that direct the way County Court bailiffs work, including the times they can visit and the methods of entry they can use.
They will not be able to force entry – if bailiffs force entry to your property, you should make a complaint to the Financial Ombudsman.
What Can the Bailiffs Take?
Contrary to popular belief, bailiffs cannot take all of your possessions. There are restrictions on what they can seize when bailiffs visit.
Essential or basic household items such as your fridge, washing machine, cooker, dining table, chairs, bedding, and clothing are typically exempt.
They also cannot take medical equipment, items needed for care, your landline or mobile phone, pets or assistance animals, or tools and equipment essential for your job or education.
Bailiffs are only allowed to take goods that you legally own, and they usually target higher-value items that can be easily sold at auction.
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How Can I Make a Payment Offer?
After receiving an enforcement notice, you have the option to make a payment offer to the bailiff.
If you cannot pay the debt in full, you can offer to pay in instalments. This is often referred to as a controlled goods agreement; as long as you arrange to repay what you owe gradually, you can stop the bailiffs from taking full control of your property.
If you’re unable to be there in person when a bailiff visits, it’s possible to make a virtual controlled goods agreement.
It’s crucial to make this offer as soon as possible after receiving the enforcement notice.
If the bailiff accepts the offer, they may not need to visit your property or attempt to seize your goods.
When determining your offer, ensure it’s affordable. You can create a budget showing your income and expenditure to help work out how much you can realistically afford to pay towards the debt.
Can I Stop the Warrant of Control?
Yes, it’s possible to suspend a warrant of control. You can do this by submitting an N245 form to the court.
There is a court fee associated with submitting the N245 form, but if you have a low income or are on certain benefits, you may not need to pay.
The court cannot refuse your application, even if the bailiffs have not yet visited.
However, it’s important to note that bailiffs can continue visiting you until the court agrees to suspend the warrant of control.
After you submit the N245 form, the court will send a copy to your creditor. The creditor will then decide whether they agree to your application, and the court will notify you of the decision.
Conclusion
A warrant of control is a serious matter, but understanding what it is and how it works can help you navigate the situation more effectively.
If you’ve received a warrant of control, it’s crucial to act promptly. Consider making a payment offer or applying to suspend the warrant of control if you’re unable to pay the debt in full.
Remember, it’s always advisable to seek professional advice when dealing with complex legal matters such as this.
This guide has provided you with a comprehensive overview of warrants of control, but it’s important to remember that every situation is unique, and the best course of action will depend on your individual circumstances.
