A warrant of control might be issued against you if you fall behind with your debts and can’t keep up with the terms of a County Court Judgement (CCJ). But what does it mean and how does it work? Our quick guide is here to help.
What is a warrant of control?
A warrant of control is a legal order issued by the County Court in England and Wales that allows bailiffs to collect a debt you owe. It is normally used after a creditor has taken court action, won the case, and you have not paid the County Court Judgment (CCJ) or kept to an agreed payment plan.
When a warrant of control is issued, it gives bailiffs the authority to contact you, visit your property, and attempt to recover the money owed. If payment cannot be made, they may try to take control of non-essential goods that belong to you, which can later be sold to help clear the debt and enforcement fees.
Before any visit takes place, you should receive a Notice of Enforcement, giving you at least seven clear days to pay the debt, set up a repayment arrangement, or challenge the action. This is an important stage because once enforcement begins, extra fees are added to your balance.
A warrant of control does not automatically mean bailiffs can force entry into your home. In most cases, they must still gain peaceful entry and follow strict legal rules.
Before April 2014, a warrant of control was known as a warrant of execution. While the name changed, the purpose is the same , to legally enforce payment of a court judgment through bailiffs.
When can a warrant of control be issued?
Your creditors can apply to the courts for a warrant of control to be issued. They’re often approved to recover unpaid debts and you’ll usually have already been issued with a County Court Judgement (CCJ).
Your creditors can apply to the courts if:
- You’ve missed at least one monthly court-ordered instalment
- You’ve missed four weekly court-ordered instalments
- The court ordered you to pay in full by a deadline that you’ve missed
- The judgment was set forthwith
A judgement forthwith means that the court has ruled you have to pay the entire debt immediately.
Your creditors will have up to six years from the date your CCJ was issued to apply for a warrant using form N323. Once that time has elapsed, they’ll need to seek permission from the court first.
Warrants of control are typically used to collect debts regulated by the Consumer Credit Act 1974 or unregulated debts with a value of less than £5,000. They can’t be used if you have debts of less than £50 or unregulated debts above £5,000.
What’s the difference between a warrant of control and a notice of enforcement?
While a warrant of control gives bailiffs permission to visit your home and attempt to recover goods, a notice of enforcement is the letter you’ll receive informing you that the warrant has been issued and when you can expect the bailiffs to visit. The notice will be sent at least seven days before the bailiffs intend to arrive.
Which goods can bailiffs remove?
It’s important to note that having a warrant of control doesn’t mean bailiffs can automatically force entry into your home.
However, if they do make it inside, they can only take:
- Items they have access to
- Items they can remove
- Items they can physically touch
They must not take things you need to live including:
- Medical equipment
- Basic household items like your fridge, oven, and bed
- Items they can only see through the window
How much does a warrant of control cost?
While your creditors will need to pay for the warrant of control, the amount they’re charged will be added to your total debt. The standard fee is £110 but sometimes, a lower fee of £77 may be charged instead.
Can a warrant of control be suspended?
In some cases, you might be able to have the warrant of control suspended. You’ll need to pick up an N245 form from your local county court. Be sure to include all the details of your incomings and outgoings so you can explain exactly how much you can afford to pay towards your debt and why you can’t afford to clear the entire balance.
The court can’t refuse to accept your suspension application if the bailiff hasn’t visited you yet, but they may still arrive on your doorstep until the warrant is officially suspended. Keep in mind that you also can’t ask for a suspension if the debt you owe is a parking penalty paid to the local authority.
What can I do if a warrant of control is issued against me?
If you receive a warrant of control, you can act quickly to potentially prevent the bailiffs coming to visit.
Firstly, you can try to negotiate with your creditors. There are no guarantees, but if you get in touch directly, you might be able to arrange a new affordable payment plan or even have your debt reduced.
If you’re not confident negotiating yourself or simply would like some support managing your debts, consider professional debt advice. Having an expert on your side can help you navigate the different debt management solutions available, liaise with your creditors, and help you get a payment plan in place – like a debt management plan (DMP) or an individual voluntary arrangement (IVA) – that can help prevent any further action being taken against you. They can also help you enter breathing space, which can give you up to 60 days to find a debt management solution without facing action or contact from your creditors.
Looking for support managing your debts? Our team of experts is here to help. Give us a call on 0161 660 7255 or send a message here.
