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Warrant of Control – How Bad Can It Get?

Scott Nelson MoneyNerd Janine Marsh MoneyNerd
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Scott
Scott Nelson MoneyNerd

Scott Nelson

Debt Expert

Scott Nelson is a renowned debt expert who supports people in debt with debt management and debt solution resources.

Learn more about Scott
&
Janine
Janine Marsh MoneyNerd

Janine Marsh

Financial Expert

Janine is a financial expert who supports individuals with debt management, cost-saving resources, and navigating parking tickets.

Learn more about Janine
· May 28th, 2024
Could you legally write off some debt? Answer below to get started.

Total amount of debt?

For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

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For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

Facing a bailiff firm can be scary, but remember, you’re not alone. Each month, over 170,000 people visit our site for advice on their debt problems. A Warrant of Control might sound scary, as it lets bailiffs come into your house and take things to pay off your debt. But there are ways to stop this from happening.

Our website is here to help you understand:

  • What a Warrant of Control really is.
  • The steps you can take if you’re faced with one.
  • If a bailiff has the right to force their way into your home with a Warrant of Control.
  • The things a bailiff cannot take from you.
  • How long a Warrant of Control can last and if you can stop it.

We will also share tips on how to handle bailiffs without worrying. Plus, we’ll talk about whether it’s possible to write off some of your debt. Citizens Advice estimate households have around £18.9 billion in unpaid bills like council tax and utilities1, so there’s tons of people in similar situations as yours.

We know it’s a tough time, and our goal is to make things easier for you. Let’s learn together how to deal with this situation.

Could you legally write off some debt?

There are several debt solutions in the UK, choosing the right one for you could write off some of your unaffordable debt, but the wrong one may be expensive and drawn out.

Answer below to get started.

How much debt do you have?

This isn’t a full fact find. MoneyNerd doesn’t give advice. We work with The Debt Advice Service who provide information about your options.

Can a bailiff force entry?

No, bailiffs cannot force entry with a Warrant of Control. They can enter unlocked and open doors but cannot “kick down a door” or use force to get in. 

But if you owe unpaid magistrates’ court fines, bailiffs can force entry.

Even with a Warrant of Control, you don’t have to let them inside your home if you don’t want to.

You could communicate with them through the letterbox or an upstairs window if you want to speak without risking them getting into your home through an open door. 

However, the bailiffs might tow away a vehicle you own, which could be located on your drive or parked on the street.

Keep in mind that bailiffs can only visit between 6 am and 9 pm. If they come knocking outside these hours, you have the right to call the police.

StepChange found that over half of their respondents say dealing with bailiffs made paying off their debt more difficult. Many say that they had to take out more credit to pay the bailiffs2.

What can they not take?

Bailiffs cannot take property that belongs to someone else who isn’t subject to the CCJ, such as a vehicle in your partner’s name who doesn’t owe the debt. 

Moreover, bailiffs cannot take items that you need for work (e.g. work computer), consumables and items that are required to maintain a standard of living (e.g. a cooker or washing machine).

I recently shared some important rights you have with bailiffs in an interview with the Mirror. To better understand bailiffs’ rights and your own, please check out the table below:

Bailiffs Can But They Can’t
Call and visit your home multiple times, any day of the week. Visit your workplace (if you are not self-employed)
Take items from your home. These items have to be considered ‘luxury’. Take essential items from your home. This includes beds, clothing, and work equipment.
Use ANPR technology and DVLA information to locate your car and take it. Enter your home without permission unless they have a warrant to force entry for a CCJ.
Peacefully enter your property. Harass or threaten you.
Issue notices to those who owe a debt. Take items that belong to someone else. However, they may be able to seize jointly owned property.
Offer to conduct a Virtual Controlled Goods Agreement (rather than in-person). This will typically be offered to vulnerable people. Sell goods they have seized at auction until seven clear days have passed.

» TAKE ACTION NOW: Fill out the short debt form

How long does it last?

A Warrant of Control typically lasts one year, giving creditors and bailiffs plenty of time to recover the debt. 

But you can ask the court to extend the expiry date on the Warrant of Control if needed. This would involve an application fee

How a debt solution could help

Some debt solutions can:

  1. Stop nasty calls from creditors
  2. Freeze interest and charges
  3. Reduce your monthly payments

A few debt solutions can even result in writing off some of your debt.

Here’s an example:


Situation

Monthly income £2,504
Monthly expenses £2,345
Total debt £32,049

Monthly debt repayments

Before £587
After £158

£429 reduction in monthly payments

If you want to learn what debt solutions are available to you, click the button below to get started.

Get Started

Can you stop it?

Yes, it’s possible to stop a Warrant of Control in certain situations.

The warrant could be suspended for a period of time in some situations. You would need to make an application to the County Court using form N245 and pay a court fee.

However, you may not need to pay if you have a low income or are on certain benefits.

I must also point out that bailiffs can continue visiting you until the court agrees to suspend the Warrant of Control.

Is it from the High Court?

No, a Warrant of Control is issued by the County Court, whereas the High Court will issue a Writ of Control. 

Could you legally write off some debt?

Answer below to get started.

How much debt do you have?

This isn’t a full fact find. MoneyNerd doesn’t give advice. We work with The Debt Advice Service who provide information about your options.

What is the difference between a Writ and a Warrant?

A Writ of Control is issued by the High Court, whereas the County Court issues a Warrant of Control. But there is another key difference. 

A Warrant of Control will be used by an enforcement agent to pursue a debt while a Writ of Control is used by a High Court Enforcement Agent to recover a debt. 

So, the two main differences between a Writ of Control and a Warrant of Control are:

  1. Who issues them
  2. Who uses them to recover the debt

Some enforcement agents can be qualified to recover debts using both, but some cannot use a Writ of Control because they don’t specialise in High Court debt enforcement. 

References

  1. Citizens Advice – Debt Statistics and Bailiff Issues
  2. StepChange Creditor and Debt Collector Conduct
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The authors
Scott Nelson MoneyNerd
Author
Scott Nelson is a renowned debt expert who supports people in debt with debt management and debt solution resources.
Janine Marsh MoneyNerd
Debt Expert
Janine is a financial expert who supports individuals with debt management, cost-saving resources, and navigating parking tickets.