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Hello,

 

Please can you help?

 

Since July 2018 I have Marstons chasing a debt for Severn Trent which I was unaware of until they sent me a hand delivered letter, informing me they had a high court writ. I promptly filed a N224 form to Apply to stay the writ and Set Aside the judgment.

 

However, I misread the instructions prior to the hearing and took my defence statement to the September hearing and presented it to the judge, the application was dismissed as I had not filed the defence statement prior to the hearing.

 

 

The following day I applied again for a Apply to stay the writ and Set Aside the judgment using N224 and submitted it online. Now in November Marston have decided to chase the debt again and are visiting my home with hand delivered letters. As, I had not received anything from the court, I called them and I found out they had not received it.

 

On the 9th of November, I submitted the N224 by hand to the court, I contacted the High Enforcement Officer and he told he will be executing the writ as there has been a stay order granted by the court?

 

 

What can I do/ please help

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if there is a stay order they should not be visiting the writ is stayed??

 

however, theres no right of forced entry as its just a CCJ let them waive their arms about and send all the letters/visits they like

as long as you've no car for them to levy upon, and you don't let them in..the bottom line is they can do nothing.

 

why did you not defend the original CCJ?


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Thanks for your reply.

 

 

There is no stay order as my original application to stay and set aside was dismissed at the hearing (because I did not file a defence statement prior to the hearing). But I have applied again for a stay of writ / set aside. I did not receive the CCJ hearing notices from Severn Trent.

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Why did you not get the claimform?

Was this debt from an old address and you didnt inform ST of your new address??


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I didnt receive the claim form, it was supposed to be sent to my current address and they are also charging me to for periods I have not lived in the property

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what do you mean it was supposed to be sent to your current address?


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Are Severn Trent still your supplier at your current address, and you gave them your new address when you moved if they are not? If they knowingly sent the Claimform to your old address to get a default CCJ that is a bit naughty.


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and if the claim is for dates you can prove you were not at the address then get it set aside


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Yes, thats correct But the issue is the baliffs HEO aren't backing down as I do not have a hearing date for a stay of execution/application to set aside. They said they will take seize my car.

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then go hide it or put it in a locked garage.

 

I take it your 1st post last line should read that there has not to date been a stay etc. granted

 

go ring the court findout what is going on


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