What You Need To Know About Warrants Of Control

If a creditor successfully obtains a County Court Judgment (CCJ) against you and you don’t pay, the creditor may request a Warrant of Control from the court.

This warrant allows a county court bailiff to collect money owed by seizing your property to compel you to pay your debt. The bailiff should give you seven clear days’ notice in advance of their visit, often referred to as the enforcement notice.

It can be worrying not knowing what to do, but this article will help you understand more about this kind of warrant and what steps you can take.

How Does A Warrant Of Control Work?

Before initiating any legal action, a creditor must attempt to reach an arrangement with you. This is referred to as the pre-action process in the context of debt claims.

You should have received a letter of claim form outlining numerous possible resolutions and requiring you to react within 30 days before your creditor may issue a default notice before initiating a CCJ claim.

If you and your creditor cannot reach an agreement or if you do not respond to the letter of claim within 30 days, you will get a warning letter or default notice. This informs you that you must return what you owe, or else your creditor will initiate legal proceedings.

County Court Judgement (CCJ)

You must have a court county judgement (CCJ) against you to get a Warrant of Control. A CCJ is a court order directing you to pay a debt to a creditor. If you get a judgement, the court has legally determined that you owe the money.

The court’s decision will be sent by the postal service and will explain:

• What you owe.
• How to make payment (in full or in instalments).
• The payment deadline.
• Who is responsible for the payment.

Generally, a CCJ gives you two weeks to answer. Judgments are retained for 6 years unless the whole sum is paid within a month. This might make it challenging to get credit in the future.

Failure to pay or missed payments

If you continue to default on your obligation even after the creditor has filed for a CCJ against you and the court agrees, the creditor can actively pursue a Warrant of Control. You must have one of the following before this can start happening:

• You have failed to pay the entire amount that has been requested of you.
• Defaulted on at least one payment.

Notice of enforcement

If you default on a payment or skip a payment, the court may issue a warrant of control, authorising county court bailiffs to seize your property. They will typically send you a letter notifying you of any enforcement action, referred to as an enforcement notice, 7 days in advance.

Once the enforcement authorities have taken your property in exchange for payment, they usually auction it off and apply the proceeds to your obligations.

Can Enforcement Agents Force Entry With A Warrant of Control?

Court county bailiffs are not permitted to forcibly enter your house, regardless of whether they have a warrant of control. You are under no obligation to welcome them in.

Enforcement agents must adhere to strict rules about what they can and cannot do. Following the pandemic, these requirements have become more stringent. The only time they are permitted to force entry is in the following circumstances:

• They’ve given you 2 days’ notice.
• You breached a contract you had with the county court/bailiffs.
• You had allowed them in on a prior visit.

What Type Of Goods Can Enforcement Agents Take?

If bailiffs arrive at your residence with a control warrant, they are within their rights to seize your household items and other assets.

Vehicles

A car is something that bailiffs will try to recover due to its monetary worth. Unless you are reliant on your vehicle for employment, there is nothing you can do to prevent them.

If you’re a tradesperson and rely on your vehicle for work, you may be permitted to retain it as long as its value is less than £1350 and you can demonstrate that it’s essential to your company. Bailiffs cannot seize vehicles displaying a valid Blue Badge or a Motability vehicle.

Electronics

Bailiffs are mainly interested in things that can be sold at an auction, such as electronic equipment like smartphones, televisions, or video game console systems. They may also target high-value things like jewellery and furniture.

How Long Does A Warrant of Control Last?

The warrant of control is valid for a period of 1 year. If the warrant is not paid within this time period or if the Enforcement Agent (Bailiff) does not file a final report within this time period, it becomes invalid.

Can I Stop A Warrant of Control?

You may petition the court to suspend a Warrant of Control by submitting an N245 form. Even if the bailiffs have not yet visited, the court cannot deny your application – but bailiffs may continue to visit you until the court decides to suspend the Warrant of control.

Send or deliver your completed N245 application form to the County Court hearing centre, where you were served with the warrant. You must pay a court fee when you submit your application unless you are exempt or are not required to pay due to financial hardship. Ensure that you retain a copy of the completed form. A copy of your application form will be sent to the creditor by the court.

Final Thoughts

No matter your individual financial circumstances, your creditor can file for a Warrant of Control if you have ignored the CCJ. This warrant allows bailiffs or enforcement agents to enter your home and seize your property.

Contact the IVA Helpline for debt advice and a debt solution to help you going forward.