Request For Warrant of Control - Help Needed please

[K9david]

Hi, hoping someone can point me in the right direction

Long story short, in July this year I bought a used car from an independent motor trader that had several dangerous faults (as identified by a main dealer). A week later I returned the car to the dealer who only returned to me a % of the original purchase sum on the grounds that my p/ex had developed an expensive engine fault. I was advised by CAB that I should accept that, sign nothing and then pursue through the Small Claims Court for the remaining amount involved, just over £2500.

I followed the CAB advice, with letters, then a legal claim. The dealer has not responded during any of the process. In September I received judgement in my favour and now I wish to continue with the claim by issuing a Warrant of control, where the bailiffs go in and enforce the judgement. I did all this via the HM Gov website.

I have downloaded the guides EX322 and EX50 and the control warrant form N323 but can't see anywhere how I submit the control warrant on line (and pay the fees) or where I send the completed form to. I have registered on the HM Gov & Money claim Online gateways and again can't see anywhere to enter existing judgements, just start a new claim.

The Dealer is in Birmingham, so would it be Birmingham Court with a cheque payable to HM Courts?

Hopefully it's just me missing something somewhere

Thanks

[DMC102]

Yes you need to post it to the Court, with a cheque or Postal Order for the fee. Enclose a postage-paid envelope if you want confirmation of receipt.

Ignore that - I misread the OP, sorry.

[Suds]

H David, my understanding is that you lodge your papers with your local county court and they will request action via the debtor's local court officers. Probably best to just ring your county court who will advise all your options. I you can lodge both business and private addresses of debtor. The motor trader may have set his business up through vehicles of convenience which may make it hard to prove he owns any of the assets at the business address. Have you rang the local Trading Standards office -'they may know something of the dealers trading history...

[stuie-t]

Was the initial money claim done online? I went through the process just recently using the online system, and having first requested and obtained a judgment I now have the option to request a warrant.
My defendant has just paid up in full so thankfully I don’t need to go through the warrant process now.



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[K9david]

Thanks for the replies.

I just spend 45 minutes on the phone helpline in a queue only to be told that I needed to ring someone else before I even got my question out, 10 minutes in that queue reveals that I have to email my question.

The reply to the email which was instant said, thanks we'll get back to you within 10 days.

Aaaargghhh