urgent help required regarding Notice of Issue to Warrant of Control

gr15228

Hi,

I have not sure if I have posted in the wrong area.

I have received a notice of warrant of control from the local county court to my parents address amongst other letters. I haven't visited this address for 2 months and have lived 200 miles for the past 12 months and am registered on the electoral register at the other address during that time .

The letter states there is a notice of issue of warrant of control and that debt collectors will be sent to my elderly parents house from the 5th june. This terrifies me as I have no means to pay, no assets and don't even live at this address. I could realistically pay the debt over 4 -6 monthly installments if given the opportunity.

Will this now be too late to halt the action and agree a repayment plan with the court / creditor. The hardest thing is I need to be back at my other home tomorrow for work so can't even visit the court.

This is really terrifying. Mainly because there are threats to go to my elderly parents address where I no longer live.

gr15228

The creditor is the PRA group, I have just sent them this.

Hi,

I will explain my situation. I have an outstanding debt with yourselves. For the past 12 months I have lived / worked in London however you have my parents address on record. I have come back this bank holiday weekend to find a pile of letters from yourselves and some from the county court. I have not visited my parents address since my birthday in February and was unaware of the letter. I am horrified to hear that I have been taken to court and also had a notice of issue of court summons against me. I have no property, no car and no belongings of any worth at my parents address where I haven't lived for 12 months or my address in london where all the property is fully furnished from the landlord. I have no savings however I would like to get this resolved as soon as possible. I would like to set up a payment plan with yourselves where I can pay the debt over 6 months . I am happy for this to be done via the court if neccesary. I ask you halt any further action as long as I stick to the plan. I have done my income and expenditure ( I am happy to include this to you). This would involve me making 6 payments of £304.32. If I had know about the contact and the treat of court action I would have contacted you straight away but I haven't seen the letters. If you check the electoral register you would see I have not lived at this address for 12 months. Please could you get back to me ASAP so we can arrange a mutually beneficial arrangement. My parents are elderly and my father has a long term illness so I beg you halt any action that will impact on my parents address. I can provide the address I live at for future correspondance. thanks

Eager_Elephant

Have a look at National Debtline factsheet - https://www.nationaldebtline.org/EW/factsheets/Pages/stoppingbailiffaction/countycourtbailiffs.aspx#

Some debt agencies are quite fair and will take the debt back from the bailiff if you agree to start paying but others will ask that you apply to the court to suspend the warrant of control - although the paperwork is straightforward there is a fee involved.

Are you sure you can afford to pay £304 every month as presumably you haven't paid them anything for quite some time?

Before the Enforcement Agent visits they will send a letter - are your parents in a position to open this and give you the details of the EA so you can contact them?
If the EA calls your parents can explain that you left 12 months ago and pass on your new address.

I'm wondering why when you left home and knew you had debts you didn't ask your parents to forward on post or tell your creditors where you were living?

fatbelly

It'll be the county court bailiff (unless this is a debt escalated to the High Court) and they usually behave themselves. All your parents need to do is phone the bailiff office to say that you do not live there. To be on the safe side, they should not let them in. But the County Court bailiff should behave OK to them - he/she is an employee of their local court.

You can suspend the warrant and vary the order to whatever you can afford on a N245

Details here

https://www.nationaldebtline.org/EW/factsheets/Pages/stoppingbailiffaction/countycourtbailiffs.aspx
https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx

It's the same form, one application, tick both boxes. ND have separated this out into 2 factsheets and made it look more complicated than it is.

gr15228

Hi,

Thank you for your replies.

Elephant - I will contact both the company I owe money to and also the court. My issue is I am 200 miles away from my parents home/ the court so I won't be able to attend the court to hand in the form.

The £304 would be very tough and would reduce in little/no social life but would be a price worth paying.

I have other debts which I am paying off however I wasn't aware of this debt even though I acknowledge the debt.

The warrant is due on friday, will there be sufficient time to halt this.

Ideally I would like to set up an agreement with the creditor.

thanks

Matt