If you are owing someone or an organization money, you can get a county court judgment directing you to pay it. The court is going to determine if you are going to pay and how to do it.
If you can’t pay or ignore the judgment, creditors – the people you owe – can go to the court and ask them to grant a warrant of control. The county court bailiffs will be asked to take possessions from you so that they can be used in covering the value of the debt, with the maximum amount being £5,000.
It can be upsetting to be visited by bailiffs and no one wants to ever be in such a situation. It is better to make an effort of paying your debts. You can talk to groups like Citizens Advice who are going to help in working out the best way to do it. There are times when it is best to sell your home if you have one in order to deal with the debts.
A warrant of control has been issued, what happens now?
So how does a warrant of control work? If a county has issued a warrant of control, you are going to receive an enforcement notice. This is going to let you know that enforcement agents, the bailiffs, have been instructed to pay you a visit to your home or business so they can take control of goods.
You are given seven days, but it doesn’t include national holidays and Sundays before they pay you a visit. This time is given so you can pay what you owe or come up with a payment plan to prevent it from happening.
It is important to have a close look at the notice to make sure there aren’t mistakes made so that any error can be corrected before the bailiffs pay you a visit. Make sure the name and address on the notice are correct. The notice is going to show you the debt you owe, lets you know you have only seven days and it is from a registered bailiff. You should know that debt collectors aren’t allowed to act as bailiffs, so they cannot send or enforce a notice.
When bailiffs visit
During the seven days you have been given, research your rights. Bailiffs are allowed to visit between 6 am and 9 pm and they have to show you a copy of the enforcement notice and their identification.
If you agree to repay the debt or agree on a repayment plan, they are going to list down the goods that cover the debt and might come back later if you don’t honor the agreement. They can lock the goods in a room. if you don’t want to do that or let them in, you don’t have to.
If you are in such a position, then ensure that your windows and doors are locked and possessions like cars are inside your garage. There are some circumstances that the bailiffs are allowed to force their way in:
They have previously entered your home because you let them and they made a list of goods
Breaking the agreement that you made with them
You have been given two days’ notice after breaking the agreement
What goods are they allowed to take?
They are allowed to take possession of non-essential items such as games consoles, TVs, some furniture, and jewelry. They can choose to take your car. If the car is important to your job, you might be allowed to keep it. If it is worth more than £1.350, they can remove it. This is the same case with professional equipment, They can't take anything you have that is on a hire purchase agreement since you are not the legal owner.
They have to leave items you really need like cooking equipment, clothes, cookers, and fridges. They can’t take anything that doesn’t belong to you, like your partner’s laptop.
Who is paying the bailiff?
The cost of the bailiff is going to be added to the debt. The following are the fees you have to meet:
Writing to you concerning the debt: £75
Visit to your home: £235
Selling your possessions: £110
You also have to pay an extra fee of 7.5% for debts over £1,500. If you have a debt of £3,500, you have to pay £150 because the extra £2,000 is used to calculate the fee.
You might be charged for the storage of your goods or even a locksmith if their services were used in the process.
Stopping a warrant of control
The warrant of control can be suspended by filing the N245 form then sending it to the local county court. This is going to show how much you can pay and how you are going to pay it. If the creditors agree to this application, then the court is going to send the details of this agreement. If the creditor refuses, there is a hearing where you can explain your circumstances and the judge is going to decide.
If the goods have been taken, you have a chance of getting them back if you pay back the debt before the auction, which happens at least a week after your possessions have been taken. If your goods sell for more than what is owed, they are going to give you the difference.
