Warrant of control from county court action by Restons aka Cabot

mrs1978

I have a warrant for control.
I have spoken to the bailiff office who have told me i can pay £50 fee for N245 however they suggested i just speak direct with restons and offer to pay missed payments. I didn't miss payment.
My payments were never officially agreed but have paid 30 a month to cabot.
Restons asked me to pay them direct last month and i forgot to switch the standing order details.
So I'm not sure what best course of action is as i don't usually speak with companies and would rather not but want the quickest and easiest solution.

Ideally I'd like to continue with payments as they are and in time make a full and final settlement.

The bailiff guy said if i pay the warrant fee.. the rest goes back to restons who will more than likely just apply for another warrant. Which just seems stupid.

I have basic knowledge of forms etc.. but advice would be appreciated.

National_Debtline

Hi

The reason enforcement can be used in your case is because you aren’t paying the instalments ordered by the court, so the CCJ is in default.

If you use the N245 you can suspend the bailiff warrant and also ask the court to vary the CCJ to affordable instalments. It costs £50 to make the application as you say, unless you’re on a low enough income to be eligible for fee remission.

I would suggest using the N245 as you’ll stop the bailiff action and you can pay an affordable amount until you’re in a position to make a full and final offer. As long as you kept up with instalments set by the court no further enforcement action could be used.

These factsheets cover using the N245:

www.nationaldebtline.org/EW/factsheets/Pages/stoppingbailiffaction/countycourtbailiffs.aspx

www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx

In the mean time, don't let a bailiff into your home and keep any vehicle you own in a garage or well out of the way. A county court bailiff can't force entry as long as they haven't already been allowed inside and taken control of goods.

James
@natdebtline

mrs1978

Hi thanks.
I spoke with Restons and they just want an expenditure form.
I think i will go with advice and put one into the court and get a fair decision rather than argue with Restons.

Thanks this is such bad timing as my job is at risk at present so stressful.

National_Debtline

I know it’s a stressful situation but if they haven’t taken control of your goods you’re in a strong position. A more formalised arrangement through court should remove feeling of pressure though.

James
@natdebtline