Warrant of Control: Understanding Your Rights and Options

Facing a warrant of control can be a daunting experience, but understanding the process and your rights is crucial. This guide will walk you through everything you need to know about warrants of control, from their issuance to how to handle enforcement actions.

What is a warrant of control?

A warrant of control is a legal document issued by a court that authorises bailiffs or enforcement agents to recover a debt. It’s typically issued when someone fails to pay a County Court Judgment (CCJ). When a debtor doesn’t pay their CCJ, a warrant of control becomes one of the options available to creditors.

This warrant gives bailiffs the power to:

• Visit your home or business premises
• Take control of your goods
• Sell those goods at auction to recover the debt

When a warrant of control is issued, you’ll receive an enforcement notice giving you 7 clear days’ warning before bailiffs can visit. If you don’t pay the debt or agree to a repayment plan, bailiffs may then visit your property. They’ll attempt to enter peacefully to list goods that could be sold to cover the debt.

It’s crucial to understand that a warrant of control doesn’t give bailiffs the right to force entry into your home in most cases. However, they can enter through unlocked doors or windows. The warrant also allows them to take control of goods found outside your property, such as vehicles.

How is a warrant of control issued?

A warrant of control is typically issued by a County Court when a creditor applies for one after a County Court Judgment (CCJ) remains unpaid. The process generally follows these steps:

1. The creditor applies to the court using Form N323 to request a warrant of control.
2. The court reviews the application and, if approved, issues the warrant to County Court bailiffs at the local hearing centre.
3. Once issued, the bailiffs must send a notice of issue of warrant of control to the debtor, providing at least 7 clear days’ warning before any enforcement action.
4. The notice explains the reason for the bailiffs’ visit and provides details about the debt owed.

A warrant of control can only be issued in specific circumstances, such as when an instalment order was set and the debtor has missed payments, or when the judgment was set for immediate payment. Creditors have up to six years from the date of the CCJ to apply for a warrant of control.

If you receive a notice of issue of warrant of control, it’s vital to act promptly. You may be able to prevent bailiff action by contacting the court or the creditor to arrange payment or by applying to suspend the warrant.

Can bailiffs force entry in England?

In most cases, bailiffs cannot force entry in England when executing a warrant of control. However, there are some important exceptions to be aware of.

Bailiffs can only force entry if:

• They are collecting unpaid magistrates court fines
• They are collecting tax debts owed to HM Revenue and Customs
• They have already been inside the property before and taken control of goods
• You have broken the terms of a controlled goods agreement

For most other types of debt, including council tax arrears, credit card debts, and unpaid parking tickets, bailiffs must enter your home peacefully through a normal entry point like a door. They are not permitted to break down doors, use a locksmith to gain entry, climb through windows, or push past you to get inside.

It’s important to note that high court enforcement officers must follow the same rules as county court bailiffs regarding peaceful entry, unless one of the above exceptions applies.

To protect yourself from forced entry, keep doors and windows locked. You are not legally required to let bailiffs into your home in most cases. You can communicate with them through a closed door or arrange to discuss the debt over the phone instead.

Execution of warrant – what to expect

Understanding the role of bailiffs is crucial when facing a warrant of control. When a warrant is executed, you can expect the following key steps:

1. You’ll receive a Notice of Enforcement at least 7 clear days before the bailiffs visit.
2. If you don’t pay the debt or agree to a repayment plan, bailiffs will get involved.
3. Bailiffs will attempt to enter your property peacefully through a normal entry point.
4. If granted entry, they’ll create an inventory of your belongings that could potentially be sold to cover the debt.
5. The bailiffs will demand payment of the debt in full.
6. If you can’t pay, they may offer a controlled goods agreement.
7. If you don’t pay or agree to a repayment plan, bailiffs may remove goods to be sold at auction.

It’s worth noting that while bailiffs can work on Sundays, this is uncommon. They typically avoid visits on Sundays, bank holidays, and religious festivals unless absolutely necessary.

Remember, you’re not obligated to let bailiffs in – it’s often best to keep them outside and communicate through the door. They must provide identification and proof of authority if asked. You can still negotiate payment even after bailiffs arrive.

How to stop enforcement officers and agents

If you find yourself facing enforcement action, there are steps you can take to stop or delay bailiffs’ activities. Consider these options:

1. Act quickly when you receive a notice of enforcement
2. Apply to suspend the warrant of control
3. Don’t let bailiffs into your property
4. Negotiate a controlled goods agreement
5. Seek professional debt advice
6. Consider formal debt solutions
7. Complain if bailiffs breach the rules

To effectively stop enforcement agents, consider seeking advice from organisations like Citizens Advice, StepChange Debt Charity, or National Debtline. These organisations can help you understand your rights, negotiate with creditors, and explore debt solutions that may halt bailiff action altogether.

Warrant of control payment plans

One effective way to manage your debt and prevent bailiff action is by setting up a payment plan. Here’s what you need to know about warrant of control payment plans:

• You can propose a payment plan to the bailiff before they visit
• If bailiffs have already visited, you may be able to set up a Controlled Goods Agreement
• You can apply to suspend the warrant by submitting an N245 form to the court
• In some cases, you may be able to negotiate directly with your creditors
• Consider formal debt solutions if you’re struggling with multiple debts

When setting up any warrant of control payment plan, it’s crucial to be honest about your financial situation, only agree to payments you can realistically afford, get everything in writing, and seek professional debt advice if you’re unsure about your options.

Dealing with fake notices of warrant of control

While understanding legitimate warrants of control is important, it’s equally crucial to be aware of potential scams. Some unscrupulous individuals or companies may attempt to deceive you with fake notices of warrant of control. To identify and handle potential fake notices:

• Verify the source of the notice
• Check for official markings and correct formatting
• Confirm your personal details are accurate
• Be cautious of unusual payment methods
• Research the company issuing the notice
• Contact the court directly if you’re unsure
• Report suspicious notices to relevant authorities
• Seek professional advice if you’re dealing with debt issues

By staying vigilant and following these steps, you can protect yourself from falling victim to fake notices of warrant of control and ensure that you’re dealing with legitimate enforcement actions if they do occur.

Taking control of your financial future

Dealing with a warrant of control can be stressful, but it’s important to remember that you have options. By understanding the process, knowing your rights, and taking proactive steps, you can navigate this challenging situation. Whether you choose to negotiate a payment plan, seek professional advice, or explore formal debt solutions, the key is to take action. Don’t let the fear of enforcement paralyze you – instead, use this as an opportunity to regain control of your finances and work towards a more stable financial future.