Can anybody help please? - warrant of control

chloe1

I have a debt with Hsbc for just over 6K – they issued a CCJagainst me a couple of years ago for it.



I have a payment arrangement in place with them but I haven’tmade any agreed payments for 2 months. Stupid I know but I just didn’t have thefunds to give them.



They have now applied for a warrant of control. I called them upand they said it was too late to stop it and it had been sent to the court butthat I could contact the court and ask them if I could suspend it and pay by instalments.The order is to instruct bailiffs to come to my house and take items from it.



I am out of my mind with worry. Could the bailiffs turn upanyway demanding the full amount? They told me that the payment arrangementwill be sent to them for a final decision and I should be realistic with myoffer.



What should I do? I am so scared.

Tixy

Details here of how to suspend a bailiffs warrant
https://www.nationaldebtline.org/EW/factsheets/Pages/08%20EW%20County%20court%20-%20suspending%20a%20bailiff%27s%20warrant%20or%20reducing%20instalments%20on%20a%20county-court%20judgment/Default.aspx

If you are able to get the warrant suspended then bailiffs won't turn up.

chloe1

Thank you so much. Are they likely to suspend the warrant for me? I am sorry for all the questions, I have never had anything like this letter before and am just so worried.

Tixy

I would think they are fairly likely to suspend the warrant.

However I would act quickly as it does take some time to get it suspended and in the meantime bailiffs could still call round (although they should give you 7days notice before doing so).

If the creditor objects to it being suspended you would then need to attend a hearing and explain your situation. However given that the creditor mentioned to you about getting it suspended they may well not object to it.

InsideInsurance

Contact the CAB or a debt charity like Step Change for free professional advice http://www.stepchange.org/

Aquamania

chloe1 wrote: »

I have a debt with Hsbc for just over 6K – they issued a CCJagainst me a couple of years ago for it.



I have a payment arrangement in place with them but I haven’tmade any agreed payments for 2 months. Stupid I know but I just didn’t have thefunds to give them.



They have now applied for a warrant of control. I called them upand they said it was too late to stop it and it had been sent to the court butthat I could contact the court and ask them if I could suspend it and pay by instalments.The order is to instruct bailiffs to come to my house and take items from it.



I am out of my mind with worry. Could the bailiffs turn upanyway demanding the full amount? They told me that the payment arrangementwill be sent to them for a final decision and I should be realistic with myoffer.



What should I do? I am so scared.

Yes, if they ask for county court bailiffs to help in their attempts to force you to pay what the court has ordered, then expect a knock on your door anytime (although actually they should only call at a reasonable time)

You'll probably get someone here trying to be helpful and tell you the bailiff is not allowed to force entry (not unless they have legitimately gained entry previously), and whilst that is true, if the court bailiff cannot enforce the debt then I would fully expect HSBC to return to court again and seek alternative forms of enforcement ... all the while the charges will probably be added to what you owe.

I suggest you follow the advice HSBC have given you, and contact the court with a view to arranging a repayment plan that you then keep to which should avoid the need for any knocks on the door (or worse)

WelshPaul

Court appointed bailiffs are usually very good and friendly. They usually never take goods unless your refuse to make payment! Unlike private firms they are not on a commission unless this has changed? They will in most cases work with you to work out monthly/weekly payments etc...

That being said don't answer the door, leave any access point open or unlocked and speak to the CAB or go to the court and speak to them about it.

Aquamania

WelshPaul wrote: »

Court appointed bailiffs are usually very good and friendly. They usually never take goods unless your refuse to make payment! Unlike private firms they are not on a commission unless this has changed? They will in most cases work with you to work out monthly/weekly payments etc...

That being said don't answer the door, leave any access point open or unlocked and speak to the CAB or go to the court and speak to them about it.

Most bailiffs treat as they find; if you are friendly and polite they will treat you likewise (it's easier to get things resolved this way)

No one should be taking goods if the debtor agrees to pay immediately the amount due in full by an appropriate means. Even if that is not possible, the debtor is given time to pay (7 days?) before goods are sold. If paid in time, the goods are to be returned (additional costs may be charged)

Most bailiffs, even the court employed ones, are paid by results.

An agreement plan will only usually be agreed (if appropriate) if the debtor also agrees to a walking possession order (where appropriate goods exist). This gives the bailiff authority to return & take goods at a later date (by force if necessary) if the repayment plan is not adhered to by the debtor.

Aquamania

OP - if you have goods worth seizing, I suggest you try and sell them yourself if you have no other way to pay the debt.
You'll almost certainly get more money selling yourself, rather than from a distress sale/auction of the items ... and the selling fees (if any) will be less too.

chloe1

Thank you all so much for your replies and help. I havent been able to concentrate on my work all day, felt sick and so worried.

I spoke to the court who have the order, they advised me to fill in the N245 form to ask for a suspension of it. They only received it on Friday so they said its unlikely anyone will come out to me within the immediate future as they only have 3 bailiffs in the city I live in.

I have filled in the form and now its just a waiting game. They already have a charge against my house for this debt and now they are doing this.

I have offered to pay them £110 per month and I am praying that they accept it.

Tixy

How much were you paying previously Chloe?

You say you have been unable to afford to pay it for the last couple of months - are you certain that you can afford £110 a month every month going forward?