Is a N245 form compulsory to suspend a warrant of control?

[register]

I would like to know if a N245 form “Apply to suspend a warrant or vary payments made by a court order” is compulsory to suspend a warrant of control or if we can make an application using a general application form N244 form to set aside a judgement and in it also ask for a stay of enforcement?

I would like to know what would have happened concerning the execution of a warrant of control if a judge decides that an order should not be enforced until a hearing takes place and a N245 form has not been filed?

I read that if a warrant of control is suspended following the filing of N245 form we can make a request within 14 days to have this suspension reconsidered at an oral hearing . However I do not know which CPR deals with this issue and I do not know if this applies only if a N245 has been filed or also if a stay of enforcement has been granted following the filling of a N244 form?

[Amethyst]

Yes, a defendant/judgment debtor can use the N244 application to ask to suspend the warrant and set aside the judgment.

Not sure why you'd want to have suspension of a warrant reconsidered though? Unless you're the claimant rather than the defendant?

[register]

I am the Claimant

If a special N245 form is filled we can ask within 14 days to have the suspension of the warrant of control reconsidered at an oral hearing but not if the enforcement is stayed following the filling of general application form N244. Why this big difference and which Civil Procedure Rules deals with a N245 form “Apply to suspend a warrant or vary payments made by a court order”?

[Amethyst]

CPR 83.7 but you can object to a set aside/warrant suspension application the same as you can object to an offer to pay/redetermination/warrant suspension application.

Unless you consent to the set aside then there is likely to be a hearing ( dependent on the grounds eg. under 13.2 it doesn't usually need a hearing ))

[ploddertom]

The Warrant referred to on N245 is usually that enforced by the County Court Bailiff.

[register]

Yes it is the County Court Baillif who enforces my warrant

CPR 83.7 Writs of control and warrants – power to stay execution or grant other relief
says

(5) An application under this rule, if not made at the time the judgment is given or order made—
(a) must be made in accordance with Part 23, as modified by paragraphs (6) to (14); and

So an application notice is necessary according to Part 23 and an application notice could be a N245 form or a N244 form. However I think that it should be a N245 form which is a special form to suspend a write of control otherwise why we want a N245 form for?

CPR 83.7 says also

(8) Where the debtor makes an application in the County Court, the court will—
(a) send the creditor a copy of the debtor’s application (and statement of means); and
(b) require the creditor to notify the court in writing whether or not the creditor objects to the application, within 14 days of service of the notification, giving reasons for any objection the creditor may have to the granting of the application

However this has not happened because the court before staying the enforcement has never required from me to notify the court in writing whether or not I object to this application to stay the warrant of control. Moreover this requirement suggests also that a N245 form "Apply to suspend a warrant or vary payments made by a court order” is necessary because if a general application form N244 would be enough it is not sure if the application for a stay of enforcement is an application among others application in the same N244 form that the court will think to require the creditor to notify the court within 14 days if he agrees with the suspension of the warrant of control

[register]

Another important point is that CPR 83.7 means that I should have been requested to notify if I agree with the suspension of the warrant BEFORE and not after it was suspended what has not happened. All this indicates that the warrant has not been suspended but I am not entirely sure

[ploddertom]

Is there a specific reason you used the CCB rather than another method of enforcement? Are you sure your Defendant has the means to pay - having Judgment is no guarantee of payment.

[register]

I have to choose either the County Court Bailiff or a High Court Enforcement officer and the CCB was quicker. The Defendant has the money to pay on condition he does not out of business before I receive the money

[ploddertom]

OK - the CCB is a salaried employee of HMCTS and whilst they do a good job they are no near as efficient as using a HCEO who only gets paid on results. There is still nothing from stopping you pulling the Warrant from the CCB and engaging a HCEO. The problem with the HCEO is trying to decide which one and I can honestly say steer clear of the ones that appear on that Ch 5 program - they do the industry no favours with their shortcuts and witholding paperwork. On the other hand the Co that appear on the BBC1 program are much more professional. Cost to transfer up is approx £66 and only if any visit is abortive would you be asked to pay any more. The downside of course is that your Defendant can apply to Stay the Writ which providing he obeys the instructions can not be used against him, but just one transgression sees the Stay lifted immediately.

[Amethyst]

What are the defendant/judgment debtors grounds for the set aside/suspension ? Was it a judgment in default ?

[register]

The defendant has made an application to set aside a default judgment that I obtained because he did not file his acknowledgement service on time. The ground put forward for this application is that my claim is without merit

What could be the purpose of CPR 83.7 if we can suspend a warrant without going through it?

Maybe it could be good to make a difference between a stay of enforcement made before the warrant of control was issued and after

Furthermore it could be to take into account that it is not an order made on the court own initiative and that as a consequence CPR 83.7 should apply