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Stay of Execution and set aside judgement Draft order for high court

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  • #31
    Originally posted by ploddertom View Post
    You need to say what those grounds are.
    The box in part 3 is small. Just fitting the above covered the box. I thought the rest is covered in the witness statement or is that not correct.

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    • #32
      Originally posted by ploddertom View Post

      That is much better, you could also add any of the following if they are relevant:
      i - you have no means of paying the fees demanded
      ii - pending determination of a Set Aside application - if you think the whole Judgment should be cancelled
      iii - pending determination of a Variation Order - if you accept you owe in full or in part and want a Court to order a payment schedule
      iv - the Enforcement Agent has taken Control of Goods - car, motorbike, TV etc - to remove & sell at auction whereas the value will not realise a sizeable sum to reduce the debt owing
      v - the Enforcement Agent has taken Control of Goods - car, motorbike, TV etc - that are the property of a Third Party who has not been given enough time to put together a Part 85 Claim.
      vi - I was not given sufficient time from notification of the CCJ to a visit from the EA to Take Control of Goods
      vii - I did not receive a Notice of Enforcement prior to a visit from the EA

      You can go on and list loads more but you must be able to back them up.
      Just an update.
      I managed to get the Stay of execution pending the set aside application.
      thanks for that

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      • #33
        That's a good start It takes the initial threat away leaving you to work on your Set Aside.

        Remember it could all change again.

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        • #34
          Fingers crossed.
          Last edited by benny123; 6th February 2019, 22:52:PM.

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