Warrants Of Control – An Overview
Warrants of Control authorize an enforcement agent to go to the debtor’s address to collect any money owed or, alternatively, to remove goods from the address to auction. Enforcement agents are limited to the kinds of goods which they can remove. They are not permitted to remove any goods which are essential for the debtor to carry out their trade or any items which would prevent them from enjoying a basic living standard.
Warrants of Control are unable to be issued for debts of over £5,000. The only exception to this is when an agreement which was made under the 1974 Consumer Credit Act is being enforced. If the debt is over £5,000, the creditor is unable to make an application to the County Court. Instead, application must be made to the High Court.
What Is A Writ Of Control?
When a debt exceeds £5,000, the creditor must apply to the High Court rather than the County Court of execution. In this case, it will no longer be a Warrant of Control but will become a Writ of Control (or a Writ of Execution). This will executed by an HCEO (High Court Enforcement Officer).
Writs of Control command the HCEO to take control of goods from the debtor’s address and sell them at auction in order to obtain sufficient funds to pay the money judgment. Not only does the Writ of Control command the HCEO to seize chattels and goods belonging to the debtor to cover the judgment debt, it also includes costs and interest at 8% per year.
What Are The Differences Between The Writ Of Control And The Warrant Of Control?
In simple terms, the Writ of Control is only used for enforcing High Court judgements rather than County Court judgements which are enforced by a Warrant of Control. Enforcement Agents attend the debtor’s address to execute a Warrant of Control however a High Court Enforcement Officer performs this duty when executing a Writ of Control.
What Are The Benefits Of Enforcement Via Writ Of Control?
There are several advantages associated with enforcement via Writ of Control.
Writs of Control:
- Permit the HCEO to make a forced entry to commercial premises with no previous warning
- Provide commands to seize control of and to sell the debtor’s chattels and goods with enough value to cover the debt plus costs and interest at 8% per year
For any debt over £600, a County Court Judgement can be transferred up to the High Court so that a Writ of Control can be obtained.
As certificated enforcement agents, Able Investigations can execute a Warrant of Control or Writ of Control on your behalf. If you’d like more information about our enforcement services, don’t hesitate to contact us to find out how we can help. You can call 0345 366 0000 or fill in our contact form online and we will get back to you.
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