Advice needed warrant of control

Mellingb

Hi, I was issued a warrant of control, and I sent to a N245 and also the EX160, and today they called me telling me that the payment had failed for the fees and I would have to pay, which I do not have until pay day, and i told her. She then told me that warrant is still live and the bailiffs will still be visiting the property. Why are they still going to come out even though I have sent off the N245 saying I will pay. Also can't understand why the fees were declined as I only pick up 1300 a month, and 1280 is outgoing. Any advice on what to do before pay day? Cheers

WhenIam64

warrant is still live and the bailiffs will still be visiting the property

Warrants are always live until the N245 goes through the system and bailiffs are advised. So hide your car until then and don't let them in.

Also can't understand why the fees were declined

Check your eligibility here https://www.gov.uk/get-help-with-court-fees

If it has reached a WoC you've missed a lot of mail. Was it sent to the wrong address?

Mellingb

No they sent our court proceeding last year and I agreed to pay, which I was, and was under the impression it was still going out my bank, then I had this through the door.

Mellingb

Can they take my car though, it is worth less than £1000, and also do u have any idea when they come out, the warrant said if I don't pay by today bailiffs will attend, is there a time frame after the warrant expired?

WhenIam64

I agreed to pay

So you broke a court agreed payment plan. No real way back then so you might be better to find the money and pay it.

The N245 can be used to vary if you have had a change in circumstances and have difficulty paying. But to unilaterally break the plan without good reason and without a change in circumstances. Could be an uphill struggle.

How much do you owe?

Mellingb

2193, no way I can find that, and I was advised to do the n245 cause I cannot afford whatsoever.

WhenIam64

cause I cannot afford whatsoever.

OK when you submit the N245 make sure you have details to back up the Income and Expenditure statement you have completed. It will all be about being able to show you have genuine difficulties in paying.

At the same time bare in mind that the judge has to be fair to the other party too and will seek to balance their rights with yours. So your fee will be at risk if you can't convince them. Also your goods while the N245 is being processed. You should have 7 days. ***

In other words, "cannot afford" has different meanings to different people.

*** If you call the bailiff company to let them know the N245 is being processed, some (but not all) will go elsewhere. They are paid by results so you might save them a wasted trip.

Mellingb

Okay thank you very much for your help, one more will I receive a letter before they attend or will they come unexpectedly?