Anglian Water - Warrant of Control.

[Farbramble]

Just been served court papers (via Northampton's court bulk centre) for an outstanding debt to Anglian Water.

 

AW have added £50 solicitor's/£15 court fee. The court fee I can understand, but the £50 sol fee is a bit much. Can I contest the sol fee?

[Farbramble]

Hi, not sure this is in the right section.

 

Anglian Water applied for a CCJ for an outstanding debt.

 

during this process I agreed to pay a small monthly sum (application for the CCJ didn't go through,

I think, but on the letter there is a claim number).

 

Due to financial difficulties, and also my health has deteriorated (now claiming ESA),

I stopped paying the agreed sum.

 

Now AW are threatening enforcement action via Warrant of Execution, Charging Order, or an Attachment of Earnings.

 

They've given me until the end of the week to sort it out.

 

Any advice would be appreciated, as I would like to know how to proceed.

 

Thanks.

[dx100uk]

your credit file will tell you if you have a CCJ

 

see below

 

dx

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[Farbramble]

Thank you. I'm going to assume that a CCJ was issued (it was a few years ago when all this took place).

[dx100uk]

check it always worth it.

 

also do you have a copy of the CCJ?

 

did you contest it?

 

was it sent to the right address?

 

was the balance in dispute?

 

how old was the bill?

 

AW go for CCJ's when they have no rights too as well.

 

particularly when the debt was not in your name or several years old

 

tell us the story.

 

dx

[Farbramble]

Re an existing CCJ; I'm filling in form N245 (Stay of Execution) to change my payment to something more affordable.

 

I understand the form has to be presented in person to the nearest court, but is it possible to do it online or via post? I ask as the nearest court is too far to travel.

 

There's a fee associated with this application. Does anyone know if you're exempt if in receipt of income-related ESA?

 

Thanks.

[ploddertom]

You do not have to present this form in person, but it must be sent to the Court where the CCJ was awarded against you. You mention a Stay of Execution - is the County Court Bailiff or High Court Enforcement Officer involved?

 

As for fees you need to look at Forms EX160a & 160c for guidance.

[Farbramble]

Thanks ploddertom!

 

The court is in Northampton, so I'll have to send it via post then.

 

Anglian Water issued a CCJ, and I decided to pay a small weekly sum. As I've been in financial trouble, AW are seeking a Warrant of Execution. So hopefully, submitting form N245 will sort it out.

[Ell-enn]

Hi the fee is £45 unless you are on certain benefits. Make sure when you fill in the income and expenditure section, that you only leave the amount you can afford to pay each month as the surplus - i.e. if you can only afford £15 per month and (for instance) your income is 1000 then your outgoings need to add up to £985.

 

Also, send the form by recorded delivery to make sure they get it - take a copy of it before sending in case you need it.

[ploddertom]

Rather than send it off now I would wait until the Warrant of Execution has been issued and do both at the same time, saves having to do the form twice. If it has to go to Northampton everything will be then transferred to your local Court.

[Farbramble]

Rather than send it off now I would wait until the Warrant of Execution has been issued and do both at the same time, saves having to do the form twice. If it has to go to Northampton everything will be then transferred to your local Court.

 

I was assuming that the N245 would affect the existing CCJ. The threat of SoE (by Angian Water) might go ahead, but they've given a deadline (about 2-wks left).

 

You mentioned two forms (esp. for the SoE). Can you tell me which one I'd also need to fill out? Also, Is there an additional fee? Many thanks.

[ploddertom]

The N245 is a dual purpose form - to suspend a Warrant of Execution or to apply for a Variation Order which is an application to pay by affordable instalments. The 2 forms I mentioned previously are those which you need to see if you can apply to have the Court Fees waived, there is no fee for their use.

[Farbramble]

Hi.

 

Just seeking some advice on a Notice of Issue of Warrant of Control (from Anglian Water).

 

1) I'm going to call Anglian Water and try to agree a payment plan. If they agree to the plan, can they stop the warrant?

 

2) If the above fails; I'll fill out form N245. But as the issuing court is in another county, I can't even afford the bus there! Can I post it to them?

 

3) If I have to attend (don't know how), apart from bringing form N245, is there anything I should bring? I can't afford two trips to the courts.

 

Generally, I'm aware of some basic bailiff procedures, and realize I don't have to let them enter my home, and to keep all the windows locked.

 

I've been given until the beginning of next week.

 

Thanks.

[dx100uk]

is this this years or last years a water bill?

 

tell us the story

 

dx

[AndyOrch]

Hi

 

Did you defend any claim issued against you...are you aware of the CCJ?

 

Regards

 

Andy

[Farbramble]

I think it was about 2 yrs ago. Back then I made an agreement with the court, but failed to keep up payments.

 

Just to add that I'm currently claiming ESA (so out of work).

[Farbramble]

Hi

 

Did you defend any claim issued against you...are you aware of the CCJ?

 

Regards

 

Andy

 

No, I'm afraid I didn't. I simply agreed to it and submit a payment plan to the courts. AW insist there's a CCJ, but I'm not sure.

[AndyOrch]

Speak to AW and try to agree a payment plan also state you intend to submit the N245 to stay any warrant should they fail to agree a repayment plan.(you can request within your application that any hearings be moved to your local county court.)

 

Regards

 

Andy

[Farbramble]

Speak to AW and try to agree a payment plan also state you intend to submit the N245 to stay any warrant should they fail to agree a repayment plan.(you can request within your application that any hearings be moved to your local county court.)

 

Regards

 

Andy

 

Many thanks for the advice. I'll give AW a ring later on and hope to get this sorted out!

[Farbramble]

AW have added an extra £70 to the total debt. I assume this is for the Warrant of Execution. I take it they can do this? Can I contest it (esp. as on low income)?

 

Update: Called AW, and they mentioned that it's too late to setup a payment plan. So it's off to court I go!

[Ell-enn]

Is it a Notice of Warrant of Execution you've received ? (not a warrant of control ??) if so then I would have thought it would be issued by your local court stating bailiffs will be calling ?

[Farbramble]

Is it a Notice of Warrant of Execution you've received ? (not a warrant of control ??) if so then I would have thought it would be issued by your local court stating bailiffs will be calling ?

 

Sorry, it is a Warrant of Control. I'm hoping to suspend this (and arrange payments) via form: N245.

[AndyOrch]

http://www.moneyclaimsuk.co.uk/PDFForms/EX322.pdf

 

As above N245 and suspend.

 

Regards

 

Andy

[Farbramble]

http://www.moneyclaimsuk.co.uk/PDFForms/EX322.pdf

 

As above N245 and suspend.

 

Regards

 

Andy

 

Thanks for that Andy.

 

The debt I owe is under £600, but at the top of form EX332 (page 2), it states:

 

If the amount you are owed is £600 or less, you cannot ask the Enforcement Officer to try and get back your money.