CCJ/Writ

[2222]

How are HCEOs authorised? Can you apply for the HCEO to be unauthorised? That would really hurt. Refusing to return the car strikes me as excellent grounds.

[ploddertom]

The authorised HCEO in this case is one who rents "her name" out to enable companies to offer High Court enforcement services. This one doesn't even live in the UK and complaints have been made. I am lead to believe the Senior Master has been made aware of a serious matter by a Judge and strike off could very well be looming.

[billybee]

Still waiting on the HCEOA to sort this out although they are processing the complaint - DCBL have asked for yet more time to prepare a response.

Would there be any mileage in suing the claimant for contempt of court given that they were at the hearing where the judge ordered the car returned and subsequently failed to make this come about, in spite of the fact that the written judgment contained no reference to the writ or the car.

The whole purpose of the hearing being to set set aside both the CCJ and the writ of control.

[billybee]

Amethyst ploddertom

Please can you advise when enforcement should have been stayed. This N244 was applied and paid for on 24th January but the document not issued until 27th January. DCBL came on 26th January. My wife showed them she had applied and paid on her phone but the HCEOs just scoffed at it.

Order20170127.JPG

[Amethyst]

Should have been stayed at 24th Jan as per para 2 of the order. Communication is slow but your evidence you had applied should have been accepted.

[ploddertom]

A Stay of Execution does not become valid until such time a Judge has ruled in its favour. HCEOs may still enforce even when it has only been applied for as quite rightly it could also be denied. The more efficient HCEOs may well decidee to leave alone until the application has been heard but in truth there will only be a handful of these.

Yours I have to confess I have not seen before but would go along with the fact it was subsequently granted and any enforcement procedures taken between application and grant would become null.

[billybee]

I found this on https://www.realbusinessrescue.co.uk...y-of-execution


"It is also possible to request an interim Stay of Execution as soon as you submit your Stay of Execution application, which will protect the business from enforcement action whilst the court makes their decision. In many cases this will be handled by the Small Claims Court and won’t require a hearing but instead can be dealt with via correspondence."


This is certainly what my wife was trying to achieve when she spoke to the court on 24th January as she knew DCBL were poised to act. Could this explain the difference in the dates?

[ploddertom]

That is a very strong possibility. The only person who can truly answer is the Judge who made the Order.

[billybee]

To be honest I could do with being able to contact both judges, the one that granted the N244 and the one who ordered the car's return but failed to put it into writing, but the County Court will not even answer my requests even when issued as a Subject Access Request.