Stay of execution claimant advice

[Wozzeenn]

Good morning,

I am a claimant in a case where I initially win the case and the defendant was told to pay. He didn't show up to the initial hearing so the court just listened to my side.

Since then he has not paid so I got a high court writ of which again he ignored. He moved house so I informed the officers to see him at his new address to see if he had a new car or if they could enter. Again no luck.

He has since applied for n244 stay of execution has been granted to my amazement. There is a hearing scheduled in around a month.

My question is how do I prepare for this? In the initial hearing it said I had to provide evidence but nothing is stated other than showing up. How can I give evidence why this shouldn't be granted if it hasn't been submitted to the court?

Is this just a hearing to decide where to go next? And then there could be another date if it granted?

Thanks in advance.

[ploddertom]

This is quite a common outcome. They will have been granted an "iinterim" Stay pending a further Hearing which from what you say has already been set. Do you know:
a - what grounds they are seeking a Stay on
b - have they also made another application - Set Aside, Variation Order etc

[Wozzeenn]

There grounds are they don't think they owe the amount I say but do admit they owe some, which is significantly less.

They are also claiming health issues and also trying to claim this is due to my hostilities towards them. Which is just not the case. He didn't complete a job which we foolishly paid for before completion and terminated the contract without warning. Left the job in a worse state than it was and we had to pay to rectify. So we've basically paid more than twice to get a job done. I have to say I'm not a fan of the court system for this as it greatly favours the defendant.

As far as I am aware nothing else has been applied for.

Do I need to prepare anything at all for this hearing?

Thanks so much for the reply!

[ploddertom]

As far as I know health issues are not grounds to apply for a Stay but if they are also saying they cannot afford to py then that is different. I note what you say about them owing you some money but this should have been brought up originally and not now especially if they do not have the means to pay. Even if the Judge comes down on their side ey are only swapping 1 CCJ for another although it may come under the HCEO threshhold.

Did they send you a copy of their application? If not you are entitled to one in order to oppose their application.

One thing I always warn olks about is that just because you have Judgment is no guarantee you will ever get paid as there are those who know how to play the system. I they are claiming health issues has this been advised to the attending Enforcement Agent? Are they still working? Do the have any assets that could be seized and sold? Under what guise do they trade Sole Tader or Ltd Co?

[Wozzeenn]

Basically the guy is a cowboy and is playing all the tricks in the book. I have a copy of his reasons and to be honest they are pathetic, I've outlined them in the previous post without going into too much detail.

[Wozzeenn]

Sorry posted too early. The hceo know about everything and he claims his health is deteriorating. But all the claims in this are after the judgement so I don't understand why the judge would let him off the hook.

How do I appose it?

The hceo have been around numerous times haven't been let in. He has a car but it is registered in another name.

We don't wanna give up because he has scammed loads of people. It's not just about the money anymore.

We believe he has plenty of money but he is hiding it.

Thanks so much for the response!

[Wozzeenn]

And not sure about his work now. He is a sole trader that constantly changes business name.

[Amethyst]

If you have a copy of the application and it is to set aside the judgment you can submit a witness statement in response if you oppose the application. If he just did just not attend the hearing he shouldn't be able to apply just to set aside the judgment though - would you be able to post a copy of the application up ( suitably redacted ) pls. Or email me a copy admin@legalbeagles.info . If not can you type out the brief details from the front page of the form. You should put some kind of response in for the court to consider. Save you having to go through yet another hearing for the actual claim.

[Wozzeenn]

What order are you asking the court to make and why? "to set the order aside because I don't believe I owe this money and I would like it further investigatimg".

Is that means for me to cancel it? I did get an email address off an admin clerk : hearing@town name.countycourt.gsi.gov.uk

Would that be the correct place to respond to (obviously with the town name there)? Or is there another method?

Thanks again!

[ploddertom]

Personally I think they have an uphill struggle to succeed with their application as it is so vague. I would also attend the Hearing hoping to have an opportunity to speak & if won asking for the costs of the day. It may have been that an Order to attend for questioning may have made them squirm more than a little.