Please help. Bailiffs threatening action while N244 is being reviewed

[Unfortunate homeowner]

Hi there.

I have recently returned from holiday to a CCJ by default against me on Jan 19th filed by a builder who did not finish any of the work hired to do. I have filed an application to set the judgment aside on Monday as I would like the opportunity to defend myself.

Yesterday I have recieved a bailiffs letter threatening action if not paid by Tuesday the 9th. How do I stop the bailiffs from coming to my house?

Many thanks in advance

[R0b]

Re: Please help. Bailiffs threatening action while N244 is being reviewed

Contact the Bailiffs and tell them you have issued an application to set aside and should not be threatening action. In the meantime, write to court informing them that the bailiffs have contacted you threatening to remove goods, and you request an immediate order from the court to prevent any bailiffs from removing goods until after judgment has been given.

[ploddertom]

Re: Please help. Bailiffs threatening action while N244 is being reviewed

Making an application for Set Aside does not stop enforcement being carried out. Depends on who has visited you? If it is the County Court Bailiff then sometimes they may leave it if you tell them otherwise you will need to submit Form N245 to Suspend the Warrant. If it has been transferred up and a HCEO has visited then the only way of stopping any action is to apply for a Stay of Execution against the Writ - done on Form N244.

[R0b]

Re: Please help. Bailiffs threatening action while N244 is being reviewed

Making an application for Set Aside does not stop enforcement being carried out. Depends on who has visited you? If it is the County Court Bailiff then sometimes they may leave it if you tell them otherwise you will need to submit Form N245 to Suspend the Warrant. If it has been transferred up and a HCEO has visited then the only way of stopping any action is to apply for a Stay of Execution against the Writ - done on Form N244.

It would seem a bit of a nonsense to make 2 applications relating to one thing. The form N245 appears to be on the basis of suspension provided you agree to make payments, the OP doesn't wish to make a payment but set aside the order, and the same seems to apply in relation to a stay of execution.

What he should have done is an application for set aside with an order that all action is stayed pending outcome of the set aside.

[ploddertom]

Re: Please help. Bailiffs threatening action while N244 is being reviewed

It would seem a bit of a nonsense to make 2 applications relating to one thing. The form N245 appears to be on the basis of suspension provided you agree to make payments, the OP doesn't wish to make a payment but set aside the order, and the same seems to apply in relation to a stay of execution.
N245 is a dual purpose Form where you can apply to Suspend the Warrant of Execution the County Court Bailiff has OR apply for a Variation Order OR you can apply for both. For a Stay of Execution then application needs to be made to the High Court.

What he should have done is an application for set aside with an order that all action is stayed pending outcome of the set aside.
Hindsight is a wonderful thing but too late now as application has already been made.

PTPT