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You will need to phone Derby Court on Monday to find out if they can deal with a urgent application for a stay in regard to a High Court writ. Because you did not receive the original claim, so were not aware of a default CCJ, then you can just state that in more detail.

 

You should probably inform the HCEO that you are applying for the stay as an urgent application, as you were not aware of the CCJ, as the claimant used an old address.

We could do with some help from you.

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Is there a template anywhere of what to put on the N244 - I don't have a clue what to do, hopefully I can fill it in tonight after the kids have gone to bed.

 

What do wish to apply for?

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Please note that should the Enforcement Officer return then he has no automatic right to your home and cannot force entry. He must gain peaceful entry by either you inviting him in or him being able to open a door to walk in. He may however force entry to any other detached buildings at your premises - garage, workshop etc - if he believes there are goods inside which may help satisfy the debt. Where he says he may remove goods in your absence then that is for anything of value that may be lying round outside for which he doesn't need to gain entry. It would certainly be a bad move to allow him in as the debt will increase substantially. If you decided to ignore his call then he will have no option at the end of the day to return the Writ to the Creditor.

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What do wish to apply for?

 

Stay of execution.

 

the hceo fees are just under £900 on a £2900 approx ccj.

 

I'm really worried about the garage.It's not technically connected to the house but to the conservatory. There is a door between the two but we have never had a key so I'll go and buy a new lock tomorrow. Would that count as a separate building? Our 2nd car is in there but hopefully it will go to a friends tomorrow. If they break in there can they then break into the house through the connecting door?

Edited by bobalott
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An application for a Stay of Execution may be made at the High Court in London or at a County Court that also acts as a District Registry - your local Court does. I have always found it easier to apply in person and do this in a morning. Once at the Counter you need to explain the urgency of the application, often a Judge may be found who will hear your application on the spot. If granted you should immediately let the HCEO know and they may want to know which Court, which Judge, date & any terms attached to it - they can then check to make sure. When you get the paperwork you should forward a copy to them yourself - don't trust others to do it for you.

 

The difficulty you may have is that some Court staff never see these applications and may refuse you, if so ask to see the Court Manager and explain politely that as District Registry of the High Court they can do this. You may need 3 copies of the forms so go prepared, the fee will also have to be paid at the same time. If you think you qualify for Fee Remission then don't forget to fill the forms in - EX160a - and take proof of entitlement with you.

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An application for a Stay of Execution may be made at the High Court in London or at a County Court that also acts as a District Registry - your local Court does. I have always found it easier to apply in person and do this in a morning. Once at the Counter you need to explain the urgency of the application, often a Judge may be found who will hear your application on the spot. If granted you should immediately let the HCEO know and they may want to know which Court, which Judge, date & any terms attached to it - they can then check to make sure. When you get the paperwork you should forward a copy to them yourself - don't trust others to do it for you.

 

The difficulty you may have is that some Court staff never see these applications and may refuse you, if so ask to see the Court Manager and explain politely that as District Registry of the High Court they can do this. You may need 3 copies of the forms so go prepared, the fee will also have to be paid at the same time. If you think you qualify for Fee Remission then don't forget to fill the forms in - EX160a - and take proof of entitlement with you.

 

Thank you. I'm just gathering all the evidence for the fee remission, got everything but the child benefit statement. Hopefully that will turn up or we will have to use bank ststements / housing benefit statement to prove it.

 

I'm still not sure what to put on the N244

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If this is a business debt, can the HCEO actually take any personal property to cover the debt ?

We could do with some help from you.

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Depending on trading status, yes.

 

Perhaps we need more details on how the business was trading. Sole trader or limited company ?

We could do with some help from you.

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We were a partnership so I assume any business debts are classed as personal debt :(

 

What happened to the Partnership before the CCJ was obtained ?

 

I am not an expert on this, but I think it is worth looking at the Partnership details and what personal liability there is for the debts.

We could do with some help from you.

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What happened to the Partnership before the CCJ was obtained ?

 

I am not an expert on this, but I think it is worth looking at the Partnership details and what personal liability there is for the debts.

 

We ceased trading in september 2011. The CCJ is from May this year, but husband took out the rental agreement in just his name. We are currently preparing (and saving) to dissolve the partnership via bankruptcy. It was just the two of us and we had no formal agreement regarding debt. We are married and treat each others debts and income as joint.

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Despite many of the comments made an HCEO can seize and sell your car.

 

They are entitled to seize jointly owned goods (you're married) and can seek an order to sell, distributing the sums raised 50/50 between you and the debt.

 

This usually only happens when the goods are of a decent value so will depend on what your car is worth.

 

So it is something you must consider.

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Despite many of the comments made an HCEO can seize and sell your car.

 

They are entitled to seize jointly owned goods (you're married) and can seek an order to sell, distributing the sums raised 50/50 between you and the debt.

 

This usually only happens when the goods are of a decent value so will depend on what your car is worth.

 

So it is something you must consider.

 

 

What you have said here about seizing "jointly owned goods" really bothers me.

 

With council tax, it is a "joint" debt and the local authority can seek to recover the debt from either partner.

 

However...if Mr Joe Bloggs (who works as a self employer builder) does not pay HIS tax bill, he will be made bankrupt by Inland Revenue and I can ASSURE you that from the many cases that I have dealt with I have NEVER come across a case yet where the Trustee will take Mr Bloggs car to pay towards her husband's debts !!!

 

Can you guide me to the particular statutory regulation regulation that permits an HCEO to remove jointly owned debts.

 

Thank you....

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Despite many of the comments made an HCEO can seize and sell your car.

 

They are entitled to seize jointly owned goods (you're married) and can seek an order to sell, distributing the sums raised 50/50 between you and the debt.

 

so if thats really the case nobody is safe full stop??

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tomtubby, the references you use are clearly different to the enforcement of a Writ of Fi Fa by an HCEO but I understand your logic.

 

However, it has always been that provided the debtor has an interest in the property then it can be seized and sold. It is therefore my opinion that goods bought by a married couple, especially from a joint account, would be available for seizure and sale. Even if they were bought from a personal account the HCEO should seize and allow an interpleader claim. If the claim was disputed it would then be for a Master to decide ownership.

 

I was merely pointing out that just because the OP believes the car is hers and therefore untouchable, it may not be as simple as that.

Edited by HCEOs
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Well I was worried about the car but the writ has been stayed! :-D thanks everyone who helped, we are utterly relieved. I have a few more problems I need to query re the ex160 and n245 but busy with kids tea etc for now so will pop back later.

 

Thanks again from one very happy and relieved mum!

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