Urgent help needed - warrant of control

Lauren3101

Hi all,

I have a payment arrangement set up with Lowell. It's a fairly new arrangement, I've made one payment on it so far, and the next payment is due on the 1st July. I haven't defaulted on this arrangement.

Today I came home to find a warrant of control has been issued against me for this account as they said I have defaulted on my judgement, which I wasn't aware I had. The amount has nearly doubled due to the charges added by the court, and they say they will seize any belongings of this value unless I can pay (or make a payment arrangement with them) within 7 days.

I called Lowell who were quite unhelpful and simply said it shouldn't have gone to court. They've asked me to send a copy of the letter to them which I did immediately, but now I am deeply concerned. Has anyone ever experienced this before? If the bailiffs show up and I explain the situation to them are they likely to accept this? I am now concerned that as it has gone this far it cannot be reversed and I will have to pay even more money to the court as well as the original debt. Any advice would be appreciated.

sourcrates

If bailiffs do turn up, do not let them in, do not engage with them except to say the account is in dispute.
Lowell will not be particularly helpfulul, I think you will be stuck with the CCJ, if that's the case you can simply apply to the court to vary the payment order, to an amount that is affordable.

To do this you would use court form N245, available off the courts and tribunals website.

As long as your paying the CCJ they can't use further enforcement action.

fatbelly

Yes, good advice above.

If this is a consumer credit act debt then this will just be the county court bailiff, who is an employee of the court and usually quite easy to deal with. My local court bailiff actually carries a stock of N245s with him and will help you to complete it!

Still wouldn't let him in though.

Lauren3101

Thank you both, this seems quite unfair though considering I was paying the debt off by arrangement and I haven't defaulted! So I will have to pay the doubled amount then due to the court fees and directly to the court?

sourcrates

Lauren3101 wrote: »

Thank you both, this seems quite unfair though considering I was paying the debt off by arrangement and I haven't defaulted! So I will have to pay the doubled amount then due to the court fees and directly to the court?

It looks as though you have not received the court paperwork, for some reason.
You could apply to have the judgement set aside, but you must pay a fee for this, currently £255.00.

Once judgement has been made, that's your only recorse really, it's easier, and cheaper, to just apply to change the payment amount.

LondonGal

If you received no paperwork, you could try to get the judgment set aside using Form N244, or you could apply for a variation of judgment using the N245. Both will cost you, though therre may be some fee remission.

Remember the judgment will affect your credit rating for 6 years if that bothers you. If it doesn't particularly bother you, accept the judgment, agree an affordable and sustainable repayment arrangementm and repay the debt.