Kiteleys Solicitors

Kiteleys Solicitors. 7 St. Stephen's Court, 15-17 St. Stephen's Road, Bournemouth, Dorset. BH2 6LA. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.

How to get a warrant of control

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How to get a warrant of control

 

A warrant of control gives the court enforcement agents the authority to take goods from the Debtor’s home or business.

Before a warrant can be issued the Debtor must satisfy the following two points:

  • Fallen behind on at least one payment
  • Failed to pay the amount they have been ordered to pay

A warrant of control will only work if the debtor has:

  • The whole sum you are claiming on the warrant
  • Goods to the value of the warrant

 

Applying to the County Court

A County Court agent can try to enforcement the judgment by obtaining goods between the values of £600 and £5,000.

If the amount outstanding is less than £600 then you cannot ask the Court Agent to recover the goods for you, you must instead try other means of enforcement.

Any judgment over £5,000 will have to be transferred to the High Court to enable their agents to attempt enforcement.

 

To apply for a warrant of control you will need to fill out Form N323, “Request to issue a warrant of control”; this form can be found at hmctsformfinder.justice.gov.uk.

 

 

Applying to the High Court

A writ of control is the equivalent of a warrant of control in the County Court.

To issue a writ in the High Court a certificate of judgment is needed to detail the case and set out the amount owed.

 

Form N293A, “Combined certificate of judgment to enforce the judgment by writ of control”, is needed to request the certificate of judgment. This form can be found at hmctsformfinder.justice.gov.uk.

Part 1 of the form must be completed and returned to the court or the County Court Business Centre where the judgment was made, should the form not be filled in correctly it will be returned to you.

 

When filling in Form N293A you must include the following information:

  • Any interest that accrued on the judgment and if necessary the daily rate at which it accrues.
  • Judgment date, the sum of the order, including any additional costs that may have been allowed by the court since judgment

 

How does the court action the warrant?

In the first instance a letter will usually be sent to the debtor by the enforcement agent informing them of the warrant that has been issued and that they have 7 days to make payment.

 

Should the debtor fail to pay within those 7 days, the enforcement agent will attend the address within 15 working days in order to identify any goods to sell at auction or alternatively to collect payment.

 

If the enforcement agent takes possession of goods from the debtor the cost of storing and selling the goods will be taken from the amount raised, the remainder will then be returned to you.

 

If the amount recovered from the debtor does not cover the sum you are owed the enforcement agent will attend the debtor again to see if there are any further goods to be sold.

If they are unsuccessful in finding further goods to sell the enforcement agent will be unable to take any more action on the warrant.

 

 

What goods can the enforcement agent take possession of?

The enforcement agent can only take possession of the goods owned by the debtor or those which are jointly owned.

 

Only those goods which the enforcement agent feels will attract money at auction will be taken from the property. The enforcement agents will not remove possessions if they believe that they will not fetch money at auction to cover the costs of the warrant or the judgment.

 

 

What goods can enforcement agents not take possession of?

The goods which an enforcement agent is not entitled to take possession of include but are not limited to:

  • Goods which have already been seized by enforcement agents auctioning a previous warrant
  • Goods which are rented, leased or are on hire purchase agreements
  • Goods which the debtor requires to carry on his business or job
  • Essential items which the debtor needs such as bedding

 

Can the debtor stop the warrant being actioned?

The debtor can ask for the warrant to be suspended, after which the court will send you a copy of the application and response pack for you to return. The form to provide your response on is From N246A “Your reply to the debtor’s application to suspend a warrant”.

 

The form informs you of the next steps if you wish to:

  • Disagree to the warrant being suspended
  • Agree to the warrant being suspended but feel that the debtor could pay more than currently offered
  • Agree to the warrant being suspended and you accept the offer of payment

Should you choose the option to agree to the suspension but not the debtor’s offer of payments, a court officer will then look at the information contained in the debtor’s original application and will determine how much the debtor should pay. Following this the court will send an order to the debtor telling them what to pay and when.

 

What if the enforcement agent is unsuccessful in taking possession of goods?

If the enforcement agent is unsuccessful in recovering goods to the value of the sum owed to you the court will inform you as to the reasons why.

 

There are 2 main reasons why the warrant may be unsuccessful:

  • The address of the debtor is incorrect
  • The goods of the debtor are not worth enough

If you believe any of the above are not true you can submit Form N445 to contain another address for the debtor or to give details of items you believe you to be in their possession. However, an additional fee may be charged to submit the aforementioned form.

 

Should you wish to discuss the content of this article or you require assistance please call the Dispute Resolution Department at Kiteleys Solicitors on 01425 278866.

 

 

 

 

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Kiteleys Solicitors. 40 Haven Road, Canford Cliffs, Poole, Dorset. BH13 7LP. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.