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How to complete a Writ of Control form no. 53

7 replies

ItWasneaMe · 06/07/2022 19:02

I've just been sent a form 53 to complete but having made several failed attempts at completing a previous N293A form, I have no instructions to tell me exactly what I need to fill in. They refused one attempt for the N293A when I entered a date as dd/mm/yyyy not as dd-mm-yyyy, so I don't want any more unnecessary delays!

It's taken since Nov 2021 to get this far! Can anyone help please?

OP posts:
oviraptor21 · 06/07/2022 19:58

Can you go to the court desk and ask for help? It's not a long form.

ItWasneaMe · 18/07/2022 17:35

I didn't know you could do that! Several further attempts later and now I've apparently put a date in the wrong place. Our local magistrates court is right next to my office [duh], so I'll try and get an appt tomorrow.

OP posts:
ItWasneaMe · 18/08/2022 18:21

Still going...Despite the magistrate's court saying I'd filled in the forms correctly and after several more email transactions, I finally have a sealed writ of control, which should tell the bailiffs to collect.

Now I don't know if I have to do something now myself, eg by finding a bailiff, or the Courts have already done it on my behalf [as I completed the part requesting "...enforcement officers authorised to enforce...to the district of XYZ..."].

Anyone know please?

OP posts:
oviraptor21 · 18/08/2022 21:00

Have a look at www.gov.uk/government/publications/how-to-ask-for-a-warrant-of-control-ex322
Page 4 says:

"What does the court do?

The warrant will be actioned by the enforcement agent covering the debtor’s address. Youwill be told if this is a different court to where the judgment was entered (made).
The enforcement agent will usually send the debtor a letter saying that a warrant has been issued and that he or she must pay within seven days.
If the defendant pays, the court will send you the money. This could take up to 15 days if the debtor paid by cheque (to make sure that the cheque has cleared).
If the debtor does not pay within seven days, the enforcement agent will call at the address you gave. The enforcement agent will go to the debtor’s address within 15 working days of the warrant being issued. The enforcement agent will try to identify goods which they could sell at auction or collect a payment to prevent goods being sold.
If you gave more than one address, the enforcement agent will visit each address in turn.
If the debtor has goods which can be sold, the enforcement agent will take the cost of taking, storing and selling the goods from the amount they raise. The court will send you the rest after this has been done.
If this amount does not repay the amount you are owed, the enforcement agent will visit the debtor to see if there are any other goods which could be sold. If there are not, the enforcement agent will not be able to take any more action on the warrant."

ItWasneaMe · 19/08/2022 08:22

oviraptor21: many thanks for that link. I do get lost on these websites and all very confusing. My advice to anyone from now on is "just hire a bl##dy solicitor" and don't believe websites that say you can DIY (even gov.UK!) .

I did try to hire one to finish things off as I was getting so frustrated but they implied that I was so close to the end it wasn't worth it?

I'd assume from that (& the rest of the guidance on that page) that I just need to breathe now and wait to see what transpires.

OP posts:
Kayanik · 07/11/2022 08:46

Can someone help me I've just been sent a form 53 to complete but having made several failed attempts at completing a previous N293A form, I have no instructions to tell me exactly what I need to fill in …

Frustrated2 · 09/06/2023 16:28

The court cannot help. Security merely says "there is no counter service and I cannot help you" and then walks away...

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