Warrant of Control issued.

p1dster

I have spoken to CCBC whom I have sent in my N244 form with £255. They advised that the warrant would be stayed upon this being received.

The Bailiff office called me to advise they can still use the warrant and take goods.

Absolute joke. Who is right here? CCBC said the warrant will be stayed.

waamo

p1dster wrote: »

I have spoken to CCBC whom I have sent in my N244 form with £255. They advised that the warrant would be stayed upon this being received.

The Bailiff office called me to advise they can still use the warrant and take goods.

Absolute joke. Who is right here? CCBC said the warrant will be stayed.

Unless it's shoved under the nose of a judge who stays it then it's live. Ring the court again and ask this is done as a matter of urgency.

If it's not written down it hasn't happened.

Coupon-mad

Receiving a N244 does not automatically/immediately 'stay' the warrant AFAIK.

Do as waamo advised, ring the CCBC again and ask that the case is put before one of their Judges. If they refuse or procrastinate saying it will take a week, tell them that's not acceptable and you were misinformed by the last person at the CCBC who told you the warrant would automatically be stayed (wrong), and you need to know the warrant is stayed as there are vulnerable people in your house and the bailiff has refused to stop.

BrownTrout

In the meantime you need to man up. County court bailiffs are easily stopped if the advice given is followed.
That may seem harsh but you have to get a grip

luxardo

You say you received a warrant of control, how did you receive it if the judgment was sent to an old address ? This is important as it could be argued by the plaintiff that you were having mail forwarded and this could be grounds for refusing to set aside.
You will need to prove that you did not receive the summons in order to have the judgement set aside. You can't just rock up to court and tell a judge you had moved house, you'll have to prove it. Do you have council tax bills, tenancy agreements, removal charge receipts, utility bills etc ... ? You will need them.
Also are you aware that a set aside only rolls back the clock ? BW will simply start the matter all over again and if you don't pay, issue another summons (this time in the correct address).

p1dster

I received the Warrant of Control to my new current address. All other correspondence prior to this was sent to my previous address. I can prove I moved on the date specified.

I am happy to fight BW Legal after the set aside if they start proceedings to the correct address.

luxardo

p1dster wrote: »

I received the Warrant of Control to my new current address. All other correspondence prior to this was sent to my previous address. I can prove I moved on the date specified.

I am happy to fight BW Legal after the set aside if they start proceedings to the correct address.

Well you have a pretty nailed on chance of getting it set aside and you should. As you have been advised by others here you currently have a CCJ on your record which will stay for 6 years and adversely affect your credit rating. Find the money from somewhere. Good luck.

Coupon-mad

p1dster you are replying to a brand new poster who appears to represent a PPC. Wonder what he means by 'find the money from somewhere' as you are not to be opening the door to the bailiffs - hide your car in a garage as they might rock up next week.

Beware of who is posting on your thread, always look at the post count.

p1dster

In response to Brown Trout. The issue isnt me dealing with Bailiffs. It is the fact I have vulnerable people living in the same property and they won't deal with it well if I am not there. It will cause problems.

With regards to getting this put before a judge I am giving them until Monday before calling the CCBC again and being demanding. They only received my N244 today and the Cheque with it.

Coupon-mad

Don't give the CCBC till Monday, you don't have that time. Ring tomorrow.

And see my previous reply about beware of new PPC posters with agendas.