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Having been contacted several times of late asking for help there appears to be a lot of confusion over what Form to use, what application you make and where to send it once complete. Before going too much further can we establish that actions which originate in the High Court have all their applications made to the High Court. The confusion seems to arise for County Court Judgments (CCJ) that are either transferred up to the High Court for enforcement or enforced by the County Court Bailiff (CCB).

 

Stay of Execution

Form N244

If visited by a High Court Enforcement Officer (HCEO) you may be able to apply for a Stay of Execution against the Writ he has. You do need grounds to be able to do so and each case has to be treated on its own merits. It is no good just applying for a Stay just because someone says you should. If making this application it can be posted to the High Court in London or sent to a County Court that also acts as a District Registry of the High Court. If the application is urgent then it should be taken in person and ask for an urgent response. You must enclose the appropriate Court fee with the application unless you are entitled to have it waived in full or part - see below for further details.

 

The Stay may be granted on an interim basis pending a full Hearing at a later date.

 

Please note that if a CCJ is transferred up to the High Court it is for enforcement only and all other matters remain the jurisdiction of the County Court.

Set Aside

Form N244

If applying for Set Aside for a CCJ then this Form must be sent to the County Court where it was originally made or the last County Court listed if other representations have been made. You need to have a good reason to succeed with this, just because you did not receive the original documentation is not enough unless you can also prove the original would have failed. Again the Court fee must accompany the application unless you are entitled to have it waived in full or part - see below for further details.

 

Suspend the Warrant and/or

Variation Order

Form N245

If visited by the CCB you can apply on this Form to Suspend the Warrant of Control he has. In. with this or as a stand alone application you can also apply to pay your Judgment in affordable instalments - providing you can show why you cannot afford to pay it all at once & your I&E you submit shows no extravagant expenditure. You may apply to have you payment more than once if you have a change of circumstances but also note the Claimant may also apply to have the Judgment varied as well. The application needs to be sent to the Court where the CCJ was last dealt with. Again the Court fee must accompany the application unless you are entitled to have it waived in full or part - see below for further details.

Application for Fee Remission

Form EX160a & EX160c

You will need this if you feel you cannot afford to pay the Court Fees and may be granted Remission in full or part. You must supply the proof required with your application & if making more than 1 application then proof muct be sent with each.


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Excellent PT ....I will stick that for you :thumb:


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Another point noting is that of the forms used.

 

The title of a Form gives a good clue to its use. For instance Form N245 clearly states it is an "Application for suspension of a Warrant and/or Variation of an Order" - the Warrant is the Warrant of Control issued to the County Court Bailiff usually when chasing debts that are under £600 or governed by the CCA, & making an application to vary the terms of a previously made Order - you simply tick which part you want or both if need be - this Form is not used to apply for a Stay of Execution.

 

Applying the same thought for a Stay of Execution or Set Aside shows there is no relevant Form and this is why Form N244 is used as it is a general Application Notice for any matter not listed separately. This one of the reasons why the fee charged is a lot more as it can cover quite a broad spectrum and every application made is different.


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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1624 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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