Please help just had a high court enforcement officer at door my heart is pounding.. **Stay Granted**

[Dishidox]

Hi he paid Januarys late but never missed a payment do i need to write to Andrew wilson n co high court enforcement ? as id like to dp it asap n get in post tomorrow

[ploddertom]

That could explain it. Payments should reach the Creditor in cleared funds before or on the date they are due. Best way round this is to instigate payment a week before it is due preferably by Standing Order, when the date falls on a Saturday or Sunday then it is better to have payment made for the prior Friday - that way there can be no mistake or hassles.

 

As he has paid late once that is enough to say that the payment schedule you have is now null & void and that is why you have had the visit. I would hazard a guess your Creditor was never happy with the £50 a month and has seen this as an opportunity to get even. Two can play at this game though.

[Dishidox]

thank you for coming back to me, i do appreciate your advice, what should i do now pt?

[Dishidox]

thank you renegade imp

[ploddertom]

I think what you should do now is apply for a Stay of Execution which if granted will halt any further enforcement & charges providing you maintain the terms under which it is granted. To apply for the Stay you will need Form N244 - which I believe you already have. The Form itself is generally easy to fill in and I do have a guide to help - unfortunately it is on another computer which I can't get to until the morning.

 

You may apply for the Stay on the following grounds:

i - you cannot afford the fees demanded

ii - you already have an Instalment Order in place

iii - the Enforcement Officer has already threatened to force entry to remove goods

 

Once the form is filled in it is better taken in person to Court. This must be the High Court in London or a County Court that acts as a District Registry of the High Court - details of which Court to use is quite simple, go to https://courttribunalfinder.service.gov.uk/ and put your postcode in the box provided, then where it says Area of Law click on the down arrow & choose High Court, then press Search. You will be provided with a choice of Courts to use and I have found that generally the bigger Courts are usually best t use as they are used to seeing these applications.

 

As I say take it in person - preferably when the Court opens, explain the urgency of the application and in the majority of cases a Judge may be found who will hear & and make a decision on the spot, often temporarily pending a fuller hearing.

 

In the meantime the Enforcement Officer has no automatic right to enter your home regardless of what he may think, do or say although they may enter any detached buildings you may have - garage, worksop etc. If your OH has separate business premises then he may force entry there. Keep any vehicles out of the way or any goods of value that may be outside.

[Dishidox]

thank you plodder tom for all your advice, im going to try and tackle the n244 form now, and take it to court monday thanks again for everything

[renegadeimp]

Can i suggest you sleep on it for now, and start on it fresh tomorrow? Save any mistakes?

[ploddertom]

Can i suggest you sleep on it for now, and start on it fresh tomorrow? Save any mistakes?

 

That's a sound idea

[Dishidox]

thank you Ploddertom & Renegadeimp ,ive managed to get a couple of hours sleep,my husband has done the form but cant get to court till monday just hoping they dont come back till after that,

[Dishidox]

Hi

 

yesterday 25.03.14 we took all the paperwork down a copy of the original court order plus bank statements showing all the payments we have made to the company and showing we havn't missed any payments plus the paperwork from the hceo we recieved through the door, we have paid the £80 court fees we have to ring back in the morning at 10 we wanted to wait but she didnt know when there would be a judge available to look at the paperwork, so we have to just wait now and hopefully it will all go in are favour..

 

so we have rang the courts this morning 26.03.14 to be told we have a 10 min hearing and will receive the paperwork through the post also the hceo have been notified by the courts too so hopefully no more visits till we see what happens in court

im just waiting now to hopefully go back to normal and sit without worrying if theres a knock at the door or if i go out what im going find when i get back scary couple of days..

my husband has never disputed the debt we have paid it for 6 months without missing any just januarys was a week late and all this worry..

 

thanks to everybody that has helped me with the good advice

[renegadeimp]

The hceo wont call if the courts tell them not to. They arent like civil bailiffs like council tax ones.

[Dishidox]

i hope not renagade been worried sick over all this i just hope it gets sorted out asap

[wonkeydonkey]

Hi

 

yesterday 25.03.14 we took all the paperwork down a copy of the original court order plus bank statements showing all the payments we have made to the company and showing we havn't missed any payments plus the paperwork from the hceo we recieved through the door, we have paid the £80 court fees we have to ring back in the morning at 10 we wanted to wait but she didnt know when there would be a judge available to look at the paperwork, so we have to just wait now and hopefully it will all go in are favour..

 

so we have rang the courts this morning 26.03.14 to be told we have a 10 min hearing and will receive the paperwork through the post also the hceo have been notified by the courts too so hopefully no more visits till we see what happens in court

im just waiting now to hopefully go back to normal and sit without worrying if theres a knock at the door or if i go out what im going find when i get back scary couple of days..

my husband has never disputed the debt we have paid it for 6 months without missing any just januarys was a week late and all this worry..

 

thanks to everybody that has helped me with the good advice

 

It appears an interim stay has been put in place until such time as the hearing takes place....you can relax for a while and gather together everything you need to support your application. I understand PT has been helping you with this, so you are in good hands .

[Dishidox]

thank you wonky donkey, PT has been fantastic this site has been a god send to me in this scary time..

[Dishidox]

Hi everyone we have are court date through now , any advice now will be greatly received thanks in advance

[Dishidox]

Ploddertom

pm,d all the information you wanted thanks

[ploddertom]

I've heard from the OP today to say they have been granted a Stay - terms to follow.

[Dishidox]

finally received paperwork from courts yesterday 17.04.14

 

1.exucution of the writ is stayed whilstever the defendant pays the instalments of £50.00 per month

 

I am so very pleased this is all over thank you all very much for all your help and advise im so very grateful

 

Dishi

[Dishidox]

ps just donated to this very helpful group

[tomtubby]

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