gold card with rbs CCJ and now ICO/CO.

[MrZ]

You can ring the court and ask. You can also ask to speak to the baliffs section, they will tell you if they have an order or instructions to act.

[MrZ]

When you make an application to the court, it can take a few weeks before a judge sees it and/or its scheduled for a hearing. Meanwhile the creditor will carry on trying to enforce/collect. Its highly likely the judge hasnt even seen it yet. If the judge hasnt seen it, it wouldnt be scheduled for hearing yet, and the creditor would not have a copy of your set aside application.

 

When the court opens you should ring and ask if a judge has seen the application. If not, explain that you have had a warrant of execution issued, and you would like to request the application be expedited if possible. You can also speak to the baliffs section, tell them you have an application pending, they may be willing to put your warrant at the bottom of the list.

 

Also if/when the judgment is set aside your charging order will also be set aside. There is nothing extra you have to do for that.

 

Speak to the court. Thats your best bet. If you have time you can hand deliver a letter to the court explaining the same. If you cant hand deliver it, then send it first class recorded delivery.

 

In any case the creditor shouldnt be sending the baliffs around if you have a charging order.

 

Just curious, is it an interim charging order?

[MrZ]

You're quite right. No need to speculate. When you speak to the court, you will be able to determine what the situation really is.

 

BTW in my recent application to set aside, it took roughly five weeks before a it was processed.

 

Once you have the information you're after, post any questions you might have here and I'm sure you'll find the help you need.

[MrZ]

Did you speak to the court that issued the warrant? If not I suggest calling that court and speaking to the baliffs section. I wouldnt count on just an email. In my experience, emails get answered later than posted letters. I would definitely send a letter by post as well, fax wouldnt hurt either if you have access.

 

Failing all this, there is nothing better than face to face, provided thats an option for you.

[MrZ]

Is it the clerk that is telling you that nothing can be done, or is it the baliffs?

 

Draft a letter that states you have been issued a judgement and subsequent warrant. Give the appropriate claim numbers. Then state that you currently have an application pending to set aside the judgment. Ask that the application be expedited, and ask that any enforcement action (baliffs) be suspended until the application is heard.

 

Send a copy to all courts involved. Fax numbers are usually available on the HMCourts website as well as email addresses. If possible, go to the local court and speak to someone. It is within the clerks power to put something in front of the judge sooner than it would take through the ordinary course. There are no guarantees though.

 

Aside from that. Read up on your rights regarding baliffs and what they can/cant do. Hopefully it wont get as far as a visit before you can get the set aside application sorted out. But it certainly wont hurt for you to be equipped with the knowledge of your rights.

 

A warrant of execution does not allow them to enter your residence unless you give your permission. If there is an open door or window they may try to gain entry. Even if they turn up with police, you still have to give consent or permission for them to enter.

 

Also you can apply on form n244 to have the warrant suspended. You need only state that you have another application pending. This type of application can be heard very quickly, usually in a matter of a few days. You can also submit an application (form ex160a) for a remission of all or part of the fee for this. It too can be processed straight away. These are both forms I would recommend taking to the court in person. I am not 100% sure but I think the fee is 65.00 for the n244 without the application to waive it. It can be waived on eveidence of your monthly disposable income.

 

In some circumstances the court manager will waive the fee altogether, even if you wouldnt normally qualify.