Capquest and Warrant of Control

MaxPayne

A bit of back story: I was made redundant a while ago and fell into debt. I stupidly buried my head in the sand when the initial CCJ turned up and now I've recieved a Notice of Issue of Warrant of Control from the county court for a debt of £886.73 that Capquest had purchased from a credit card company. I already have around £3,800 worth of other debts (personal loans, credit cards and catalogues) and I'm currently unemployed and studying with the OU and have no income other than my partner's wages.

I have absolutely zero income and so I emailed the bailiffs on the address they provided offering to pay £10 per week, but I've heard nothing back. I've filled in a N245 form to send off to the county court to see if I can pay back in insallments, but I need advice on what to do in the meantime with the bailiffs. Is it worth ringing them to see if they'll accept the payment plan or should I wait for the results of the N245?

They attached this to the warrant: imgur(dot)com/a/KHvCN

National_Debtline

Hi Max

I'd suggest you focus on the court's response to your N245 whilst also heeding the following:

County court bailiffs cannot enter your home by force. Should you get any visits, please ensure you do not let them in. If you own a vehicle, it's wise to park it out of sight. There's not much point in offering these bailiffs £10/week, especially as you don't have any income with which to support this.

Have you taken any advice on dealing with the debts as a whole? It will serve you a lot better than a reactive approach. There are a couple of debt solutions in particular that might help you here - administration orders and Debt Relief Orders:

https://www.nationaldebtline.org/EW/factsheets/Pages/administration-orders/what-is-an-administration-order.aspx

https://www.nationaldebtline.org/EW/factsheets/Pages/debtrelieforders/droadvice.aspx

Dennis
@natdebtline

MaxPayne

Thank you very much for the advice. I've already considered a DRO as my circumstances are unlikely to change for the forseeable future. I'm more than willing to pay creditors, I just lack the means at the moment.

I'll give natdebtline a ring next week to get the ball rolling.

Is my wife's car safe? It's registered in her name.

sourcrates

MaxPayne wrote: »

Is my wife's car safe? It's registered in her name.

Best to keep it away from the property for now, if it was seized you/she would have to prove ownership, a log book does not prove ownership.

fatbelly

County Court Bailiffs usually lose interest if there is an N245 application in. They should wait to see if the ccj gets varied to an instalment order.

Your situation is making good use of the form as it combines 2 functions: vary the order and suspend the warrant. I assume you ticked both boxes.

In the meantime, definitely investigate whether a DRO would work for you and tidy the whole thing up. £4700 isn't a huge amount of debt but as you have no income you can't really offer £10 per week to this. If someone can give you £90 (CAB may know of local charities) then you can clear this.

MaxPayne

fatbelly wrote: »

Your situation is making good use of the form as it combines 2 functions: vary the order and suspend the warrant. I assume you ticked both boxes.

Yeah, I ticked both. I just need to hand it to the CC tomorrow morning.

fatbelly wrote: »

In the meantime, definitely investigate whether a DRO would work for you and tidy the whole thing up. £4700 isn't a huge amount of debt but as you have no income you can't really offer £10 per week to this. If someone can give you £90 (CAB may know of local charities) then you can clear this.

I've scraped together half of the £90 and National Debtline said I can pay the rest in small installments as long as the full balance is paid within 2 months. Fingers crossed.

I'll update this thread with the results.

MaxPayne

The county court bailiff got back to me and suggested I contact Restons (the company that represents Capquest) and offer the £10 per week plan. I contacted Restons and told them I was submitting a DRO application and an N245, but they still refused the offer, demanded much more and refused to put my account on hold until the outcome of the N245 or DRO was recieved.

National_Debtline

Hi again Max


If you're looking to do a DRO, then ultimately this debt (including any extra court costs added) will be included, and any further enforcement will be halted. On that basis, I wouldn't make too much work for yourself where Restons are concerned; whether they put the account "on hold" or not is irrelevant, so long as they're unable to carry out any meaningful, effective enforcement in the meantime. Not much point in corresponding with them any further at this stage.


Dennis
@natdebtline