Warrant of Control issued.

nosferatu1001

No
Call today. DOnt let this slip over the weekend.

waamo

p1dster wrote: »

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.

Do that and your car will be on the back of a tow truck and you will have to pay a fortune in costs.

waamo

Coupon-mad wrote: »

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.

Personally I wouldn't leave it till tomorrow

p1dster

I have just spoken again to the CCBC. They advised me the following.

Upon receipt of the N244 Form and Cheque it can take up to 48 hours to process, then maximum of 7 days for the stay to be applied.

I was again advised the stay for the warrant is applied upon receipt and processing of the N244 form NOT when it goes before a judge (2nd time this was stated to me by the CCBC).

There is possibility of an overlap and Bailiffs coming to the property if the dates are overlapped possibly by a day or 2.

I will however ring the CCBC again tomorrow, and Monday and every day until I am told this has been stayed.

p1dster

Coupon-mad wrote: »

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.

I did this, and I was told they can do nothing until the 48 hours has elapsed for processing. So I can properly do this on Monday.

WhenIam64

You might want to call the bailiff and tell him you are getting debt advice from Citizens Advice. Add in the vulnerable part, if true.

Whenever debt is involved, there are two protocols in play. The first is vulnerability but you have to provide some sort of proof of that. Taking advice on debt (CAB or others) usually gives a 14 days "breathing space".

It does no harm to call a bailiff. They are usually self-employed and like all self-employed people need to make a living. You will actually be doing them a favour if they are chasing a debt they can't/won't be able to collect.

For the other contributors here, gen up on Warrants as they have to be handle in certain ways and are likely to be more prevalent if they are leaking into this industry.

NeilCr

WhenIam64 wrote: »

You might want to call the bailiff and tell him you are getting debt advice from Citizens Advice. Add in the vulnerable part, if true.

Whenever debt is involved, there are two protocols in play. The first is vulnerability but you have to provide some sort of proof of that. Taking advice on debt (CAB or others) usually gives a 14 days "breathing space".

It does no harm to call a bailiff. They are usually self-employed and like all self-employed people need to make a living. You will actually be doing them a favour if they are chasing a debt they can't/won't be able to collect.

For the other contributors here, gen up on Warrants as they have to be handle in certain ways and are likely to be more prevalent if they are leaking into this industry.

You might want to be a bit careful with this. Some bailiffs will ask you which CAB you are seeing, CAB advisers name or CAB reference. Unless you are seeing CAB I'd be more generic - "seeking debt help/advice".

I am not anti ringing bailiffs myself, either. I have clients who do this and often the bailiff can be fine. Obviously, you get the bad ones, too!

luxardo

Stop panicking and start preparing. Your property is potentially vulnerable for 7 days until your stay is processed so you need to protect it. As you have been advised, lock all your doors and under no circumstances allow a bailiff in. As for your car, lock it in your garage or if you have no garage ask a neighbor if you can park it on their drive. A bailiff can only seize goods at your address or on public property (eg a road).

p1dster

Update: My case has been passed to a District judge and the Warrant has been stayed until it is heard in court within 3-6 weeks.

I have read the newbies thread with regards to how to be prepared for this. Is there any other information I need in order to ensure this is set aside? any good tips from anyone.

Thanks in advance.

p1dster

Ok, today I have made some discoveries on this particular case which were to me unclear and I have now found out all the particulars of the claim which were unclear to me before.

Not that I held Napier Parking in any kind of high regard before today but now I must say I believe them to the absolute lowest of the low and cannot get my head around the way they scam and manipulate the judicial system to get them money. It is so morally wrong on all levels.

So, my credit file lists the CCJ from November 2018 as being held against my OLD Address. I will call this Address 1. ONLY the Warrant was sent to my current address. I will call this Address 2.

I called the CCBC to clarify for me the Registration Plate and date/time of the contravention to which they confirmed is a BLUE Car (I will refer to it as this) and this is my CURRENT Car.... I was shocked....thinking in my mind for a short time they must have served me the CCJ to Address 2 and I missed the postman (Impossible).

I checked my V8 Logbook at the date Blue car was registered to Address 2 and compared to the date of the contravention. The Blue car was registered to address 2 in April 2017, and the parking contravention was in July 2017. Confused now I rang back the CCBC who could not confirm where the CCJ was issued to initially only Address 1 as a legacy address.....

Basically,,,,Napier Parking decided to issue the CCJ to a previous address because they had it on their file from another Parking fine (which I am also fighting currently) they didn't issue it to Address 2 because they knew I would be able to fight it.

This is utter madness.

Surely now my V8 Logbook will show proof enough they served the papers to the wrong address.

Please confirm, because they issued the Warrant of Control to Address 2 that I am correct in thinking the Address on the credit file entry is the address they issued the CCJ to,

All DVLA checks would have gone to Address 2 but the credit file states address 1 only for this claim.