N244 Help PLEASE !

[Anotherday1]

Hello ,
I sure hope someone could give me some advice please.

I am currently filing a N244 form to SET ASIDE & STAY OF EXECUTION ... its a rather long story but I bid and won on an auction site in December 2017, Shortly after I was sent to treatment residential due to my mental health for 3 months.

In May I begin receiving phone calls about debt which has increased to over £600 , I immediately emailed the creditor and explained my circumstances, financial difficulty , unemployment due to mental illness and that I was receiving benefits now whilst recovering. They were made aware of what law classifies as Vulnerabilities .

I had no problem in paying the original debt of £342.00 and said I would make payment on 29th May when I received some money. On May 23rd I experienced another breakdown ( Am currently being assessed for Bipolar however its a long process) I have had severe depression for 20 + years ( all can be proved by Doctor and my medical history) during these downs I cannot complete daily activities or function very well, Paying the fee was not my priority, trying to get through each hour was !

This episode lasted a while and it was terrible, probably one the worst iv'e experienced.

Yesterday a HCE officer visits my parents home ( where I used to live) and leaves a letter for me ( removal of assets. He explains that letters were sent here , parents explained that they usually bin anything that comes for me. Apparently a CCJ has been ordered and they were there to remove assets ! Parents didn't give my address , although they can trace and i'm sure I will hear from them soon.

I would like to file a N244... Do i have grounds to? Set aside and stay of execution?

The amount from a £342.00 debt is now £2488.22, I am out of work , clinical depression and cannot afford this! I also have 2 dependents. The Claimant was made aware of my situation yet they still sought further action? Is that allowed?

Any advice would be appreciated , I am currently filing in the N244 forms and writing a witness statement and I will go and file it tomorrow ( Friday) at the district county court and ask for an emergency hearing?


Please help....

Thank you ...

[Amethyst]

You'll need some background of what the auction was and the terms of the auction house or online site to be able to look at your defence. That your health deteriorated quickly after conclusion of the auction should be taken into account but we will need to look at the terms if at all possible. Is the claimant the auction house or a debt company ?

You're doing the right thing apply to set aside the judgment and suspend the Warrant. Did you get that filed at the court okay ?