How do I apply to suspend the warrant of control?
This application must be made on form N245 which is available from your local County Court hearing centre. The court cannot refuse to accept the application just because the bailiff has not yet visited or managed to get in.
However, the bailiff can continue to call round until the court agrees to suspend the warrant.
Filling in the N245 application form
Work out your budget. Make sure you include all your income and outgoings from your budget on form N245. If you are a couple, it is usually best to include your total household income and outgoings. Make sure you have included details of all payments you make on your debts. This will make it clear to the court that you can only afford to pay the amount you have offered.
What happens next?
Send or take your completed N245 application form to the County Court hearing centre that sent the warrant to you. You will have to pay your fee to the court when you give them the application, unless you are exempt or don’t have to pay on the grounds of hardship. Keep a copy of the completed form. The court will send a copy of your application form to the creditor.
If your creditor agrees to your application:-
- They will notify the court. The court will then send you details of what has been agreed and how to pay.
- If the creditor does not agree to the offer of payment on your application
- The court will work out how much you should pay from the information you have provided on the form.
- If the creditor objects to the warrant of control being suspended at all
- There will be a short hearing for the district judge to decide what to do. You must go along and explain your circumstances in person. Take a copy of your budget with you.
- If the court orders you to pay more than you have offered
If you do not agree with the amount the court orders you to pay, you can ask for a hearing to explain your offer to a District Judge. You need to use a general application form called an N244, which is available from your local County Court hearing centre and ask for the court to reconsider the offer you have made.
The hearing will be sent to your local County Court hearing centre. There should not be another fee to pay at this stage. You must submit your N244 application within 14 days of receiving the order to pay. You should go along to the hearing, taking a copy of your budget with you.
There will be a fee to pay with your application. If you are on a low income or certain benefits you may not have to pay the fee.