What Is a Warrant of Control?
You might be subject to a warrant of control if you fail to pay a debt outlined in a County Court Judgement (CCJ).
A warrant of control is a court order which allows county court bailiffs to come to your address and collect the debt you owe. If you can’t pay them outright, they’ll look to sell your belongings to clear the debt.
But what are the rules surrounding bailiff action? What items can bailiffs seize? And what can you do if you can’t afford to repay the debt?
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When Can Bailiffs Visit?
If you don’t repay the amount outlined in a CCJ, the creditor can apply to the court to issue a warrant of control against you. This allows county enforcement agents to come and collect the debt.
The bailiffs must provide ‘7 clear days’ notice prior to their visit. This is called an ‘enforcement notice’. ‘Clear days’ exclude Sundays, bank holidays, and Christmas Day – in practice, this means that bailiffs usually have to provide you with 8 days’ notice.
Bailiffs can visit you on any day of the week, although they must do so between 6. a.m. and 9 p.m. unless the court grants them a special exemption.
Can Bailiffs Force Entry?
Generally speaking, no.
Bailiffs usually have to ensure they gain entry by peaceful and normal means. This means that they can’t kick down the door or jam it open to force their way in. They can enter through ‘normal means’ like an unlocked door, but they can’t climb through windows or over your fences.
However, bailiffs might be able to force entry if:
- You have not paid magistrates court fines
- You owe HMRC tax debts
- They have been inside before
- They have already taken control of goods in your home
- If you have broken the terms of your Controlled Goods Agreement
- They have given you 2 days’ control that they’re coming to inspect/take goods
Bailiffs have to force entry using ‘reasonable force’. This typically involves getting a locksmith to unlock your front door.
Note: Bailiffs can always force entry into your business premises, even if they’ve not entered before
What Goods May Bailiffs Take?
Bailiffs must inventory your items, assessing how much they think they’re worth. Bailiffs are not allowed to take your goods if they don’t think their sale will fully cover the costs of the debt. This means they tend to try and take expensive items:
- Vehicles
- Jewellery
- Furniture
- Electrical items (such as televisions and game consoles)
What Goods Can’t Bailiffs Take?
Generally speaking, bailiffs can’t take items that are necessary for your day-to-day life. Bailiffs are not allowed to take:
- Basic household items (clothes, bedding, furniture)
- Equipment used for employment or education (so long as it is worth less than £1350)
- Medical items
- Your mobile phone
- Landline
Bailiffs cannot take any items that do not belong to you. However, they can take items that you jointly own with someone else.
What Fees Can a Bailiff Charge?
Although prices may vary – bailiffs can charge “reasonable expenses” as they see fit – these are the general charges that may be applied:
- £75 for being instructed by the creditor (carrying out initial investigations, etc)
- £235 for visiting premises and taking control of your goods
- £110 to cover the removal of your goods
- Any costs of good storage
- The cost of hiring a locksmith (should they have to force entry)
If your debts are over £1500, bailiffs can charge interest on fees. The fees get added to your overall debt, meaning that bailiff intervention can make your situation a lot more costly.
If you’ve been issued with a CCJ, you may want to consider entering into a personal insolvency procedure to prevent bailiffs from being appointed in the first place. Alternatively, you may want to try to suspend the warrant of control.
Can I Stop a Warrant of Control?
The form outlines your monthly costs and proposes a payment offer based on your personal finances. A copy will be sent to your creditor; if they don’t agree to the proposal, the court will decide how much you should pay.
If you don’t agree with how much the court’s suggestion, you can appeal through an N244 form.
You must include all of your income and expenditure on the form. You can figure out your monthly budget using the National Debtline’s handy tool.
What if I Can’t Pay My Debt?
If you’ve been issued with a warrant of control but you can’t pay off your debt, you have a few options to explore. These range from informal, preventative options, to formal insolvency measures.
Get Bailiffs to Agree to a Reduced Payment
In some circumstances – where you have demonstrated to bailiffs that you cannot afford to repay the whole amount – you may be able to get the bailiffs to agree to a reduced payment. This is where bailiffs write off some of your debt so that the issue can be resolved quickly. However, they’ll still expect you to pay off most of the debt.
Controlled Goods Agreement
When bailiffs visit your house, they’ll inventory your personal belongings. This is where they take a list of valuable items, estimating their worth so that they can be sold at auction.
If you can’t pay, the bailiffs will seize these items. However, you may be able to come to a controlled goods agreement – this is where you broker a payment plan with the bailiffs, allowing you to slowly repay the debt while retaining ownership of your items.
You’ll need to make sure your proposed repayments are realistic, otherwise you’re likely to miss the payments. Bailiffs can come back to seize the inventoried goods if don’t keep up with the agreement.
Negotiate with Your Creditor
If you can’t come to an agreement with the bailiffs, it’s a good idea to try and negotiate directly with your creditor.
You can try to arrange a payment plan or ask for a reduction in the overall repayment.
Enter into an Individual Voluntary Arrangement (IVA)
If you’re unable to repay your debts, an Individual Voluntary Arrangement is your next-best bet. It is a formal insolvency procedure that is designed to make debts manageable while allowing you to retain ownership of your assets:
- Freezes charges and interest on debt
- Stretches out repayments over 5 years
- Remaining debts are written off at the end of the arrangement
You’ll need to gain the backing of your creditors by demonstrating that an IVA offers them the best chance of repayment. Our team can help to draw up your proposal, giving you the best chance of acceptance.
Speak to an Expert Today
If you’re struggling with personal debts that you can’t afford to repay, you should get in touch with an insolvency practitioner as soon as possible.
Get in touch to book a free consultation today.
FAQs
No – hire purchase goods belong to the leaser, not the debtor.
Bailiffs must provide 7 days’ clear notice before selling your goods at auction.
If your car is outside, bailiffs can clamp it, officially placing it under their control. To avoid having your car inventoried, you must keep it indoors behind a locked door.
