Help with notice of issue of warrant of control

[Chrischillin3]

Evening all, I've come home (live with my mum) to my mum giving me a letter which she opened as wasn't addressed to anyone just the address. Obviously I owe some money. Total to pay 172.25 including fees on this warrant
Balance outstanding 978.97 after payment of this warrant.

Obviously my mum is very worried as there was no name so she thinks that they will take her belongings. I don't have any here what so ever as I left everything I had with my ex.

Can someone please advise me on what I should do.

Many thanks

[BuzzyBee]

Re: Help with notice of issue of warrant of control

Looks like one of your creditors has obtained default judgment against you. Do you recall receiving a claim form? An ignored or undefended claim entitles the claimant to request default judgment. Applying for a warrant of control is a way for a judgment creditor to force the debtor to make payments. You can apply to suspend the warrant by filing in an N245 where you provide your financial details and make an affordable repayment offer to the creditor. Form is found here:http://s3-eu-west-1.amazonaws.com/hm...r/n245-eng.pdf. A fee is payable (£50 but check in case it's gone up, everything does) unless you qualify for fee remission: https://www.gov.uk/government/upload...g-20160212.pdf

Draw up a budget so you can make a realistic offer, because if you miss payments, the suspended warrant can be reactivated.

Tell your mum not to let the bailiffs in if they turn up and hand them a copy of the N245 application you've made. They cannot force entry but can sneak in through an unlocked door and take goods located outside the house such as a car or motorbike, so it's best to park those away from the house. You don't have to let the bailiffs in and don't fall for tricks to find their way inside. They are only authorised to take goods belonging to the debtor, not to third parties, and a whole lot of essential household goods are exempted, but it's best just not to let them in.

If you think you could have defended the claim, you may be able to apply to get the judgment set aside. This is a bit more complicated and involves drafting a defence, although you can always contact the creditor and ask them to consent to the set aside to start with. Failing that, you'd need an N244: http://hmctsformfinder.justice.gov.u...t_forms_id=484 and a £255 fee is payable, so may not be worth for low value judgments unless you are eligible for remission.