What is a warrant of control?

If you have a county court judgment (CCJ), your creditor could apply for a warrant of control against you in certain circumstances.

A warrant of control – previously called a warrant of execution – gives an enforcement agent (bailiff) permission to take your possessions and sell them to pay off your debts including any court costs and fees.

This guide explores why a warrant of control might be issued against you, what happens after you get one and if you can stop one.

How will I know a warrant of control has been issued?

You’ll get a notice of enforcement telling you a warrant of control has been issued against you by your creditor.

It will include the date after which an enforcement agent can visit your home to make a list of your possessions. You’ll have at least seven days’ notice before they turn up. The seven-day period doesn’t include Sundays, bank holidays or Christmas Day.

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Agreeing a warrant of control payment plan

You can use the time you have before an enforcement agent visits your home to make a payment offer. This can be for the full outstanding amount or in instalments if you can’t afford the full amount.

Person asking a question on the phone to a customer service representative

Will I be charged anything for a warrant of control?

Your creditor pays a fee when they apply for a warrant of control. This will be added to your debt.

The standard charge is £110 and there’s a lower fee of £77 for cases made through Money Claim Online or Civil National Business Centre.

Why have I received a notice of enforcement?

Warrants of control can only be granted by the court if you have a CCJ against you and it hasn’t been paid.

It’s illegal for the court to grant a warrant of control without prior CCJ proceedings.

Your lender may ask for a warrant of control in one of four circumstances:

the court set an instalment order but you missed at least one monthly payment
the court set an instalment order but you missed at least four weekly payments
you missed a deadline after the court ordered payment in full
the judgment was set ‘forthwith’ – meaning the court says you have to pay to full amount you owe immediately and your creditors can now take action to get it

If a creditor decides to apply for a warrant of control, they use an N323 form. The warrant is then issued to county court bailiffs at your local hearing centre.

Creditors have six years from the date of the CCJ to apply for a warrant of control. After this, they must ask for the court’s permission.

Judges gavel and coin with scales of justice on a pile of books

What debts can a warrant of control be issued for?

Warrants of control can only be used to enforce CCJs for debts regulated by the Consumer Credit Act 1974 or unregulated debts with a value of less than £5,000.

A creditor needs a high court writ of control to seize possessions for a debt of more than £5,000.

Warrants of control can’t be used to collect debts of less than £50.

Can I stop a warrant of control?

Yes, you can suspend a warrant of control by submitting an N245 form to the court.

There is usually a £15 fee but if you get certain benefits or have a low income, it might be waived.

The court can’t refuse your application, even if the bailiffs haven’t visited your home yet. But bailiffs can continue to come round until the court agrees to a suspension.

Once you’ve submitted the N245 form, a copy will be sent to your creditor by the court.

The creditor will then consider your request and the court will tell you the decision.

Warrant of control and bailiffs

Bailiffs have to follow strict rules. Find out what they can and can’t do with a warrant of control.

Can bailiffs force entry with a warrant of control?

No – and you don’t have to let them in either.

But they can apply for a separate warrant to force entry for CCJs if:

the judgment relates to a business address
you moved controlled possessions somewhere else to stop them from being taken

What can bailiffs take with a warrant of control?

Bailiffs will seize things they can sell to pay back your debt but there are some items they aren’t allowed to take, such as basic household essentials or medical equipment.

Make sure you understand your rights if you have nothing for the bailiffs to take.

It’s also useful to be aware of the additional rules bailiffs have to follow if you’re vulnerable.