How can a Order to Stay Writ be granted despite Orders in place?

[setdetnet]

The Civil Money Claims court have issued an sealed CCJ which orders the defendant to pay instalments to me for a debt repayment. The defendant did not pay anything for two months then I received an a copy of his Application to Vary, to which I submitted my Reply that reduces instalments by 50%. A new sealed Order was issued which the defendant still did not pay. I then instructed an Enforcement company to collect payment via a High Court Writ. The Writ was issued and the defendant was sent the first letter from the agency. The defendant then Applied for a Stay Writ and this was granted without notice and without a hearing. The defendants defence was that he did not receive the Orders and does not know why enforcement action has been taken.

I have since paid £255 and submitted an Application to Set Aside Order (to lift the Stay) under CPR23.10 and on the basis that the defendant has not paid 1 pence contrary to court Orders and that all Orders have been made and sent in accordance with court CPR and CPR PD rules and procedure and that the Stay should not have been granted. The Clerks did say on the phone that the judge may decide a hearing is not needed and if so then I can reclaim £150 back.

I have three questions if I may please:-

- How on earth can the court issue a Stay based on the defendants defence without notice and without a hearing when the court should be fully aware of the Orders issued?

- If I get this Stay lifted, then what other time wasting attempts can be potentially apply for?

- How do I recover the £255 for my application? I am not finding anything in the CPR or CPR PDs about lifting stays and reclaiming the £255.

[EnglandPi]

I really feel for you, unfortunately incidents like this happen all the time. It appears your debtor knows the system and how to work it very well, which is worrying.

How on earth can the court issue a Stay based on the defendant’s defence without notice and without a hearing when the court should be fully aware of the Orders issued?

The Court can do whatever it likes.

If I get this stay lifted, then what other time-wasting attempts can be potentially apply for?

Many!

-How do I recover the £255 for my application? I am not finding anything in the CPR or CPR PDs about lifting stays and reclaiming the £255

You would most probably have to sue him for it.

Who was it said the laws an ass?