Marstons visit to business address

[ploddertom]

Re: Marstons visit to business address

The 2 forms I mentioned previously are on the HMCTS website and can be filled in online. You cannot however save them - there is a way but I won't cause problems. The N245 is the easy one but I have put together a quick guide to filling in the N244 as follows:

N244 Form:

Name of Court - where CCJ was awarded
Claim No - CCJ number
Warrant No -
Claimants Name - name of Claimant as entered on CCJ
Defendants Name - name of Defendant as entered on CCJ - yourself
Date - when you filled this in
Q1 - put your name in here
Q2 - tick relevant box
Q3 - a brief description - you are applying for a Stay of Execution on the following grounds:
i - you have no means of paying the Fees demanded
ii - pending determination of a Variation Order
iii - the HCEO is threatening to empty the premises of stock despite using a "global levy" which invalidates the Walking Possession Agreement. If this does happen then I will have no option but to cease trading with immediate effect.
Q4 - tick no
Q5 - tick at a hearing
Q6 - leave blank
Q7 - leave blank unless relevant
Q8 - District Judge
Q9 - Claimant & Defendant & HCEO
Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date
Q11 - fill your details in

You will need to print 3 copies of each application. 1 for yourself, 1 for the Court & 1 for the Claimant. Any hassles come back, I'll be back & forth most of the evening.

[ploddertom]

Re: Marstons visit to business address

Have you considered contacting your Creditor yourself to see if they will accept your offer? Has to be worth a try.

[ploddertom]

Re: Marstons visit to business address

I've also asked someone else to drop by who knows about these things in case there is something I forget.

[essential75]

Re: Marstons visit to business address

Hi and thank you for the info, i have just been filling in all the details you provided after printing out the relevent sheets
Where you have said that question 10 needs expansion of Q.3 do you mean more of an explanation of why i have listed those reasons? and to what extent? also will my local court (Barnsley) accept these papers?

[essential75]

Re: Marstons visit to business address

thats my next step in the morning to see if they will accept the offer direct but i also had a debt advisor company ask today and the creditor said no too

[ploddertom]

Re: Marstons visit to business address

Hi and thank you for the info, i have just been filling in all the details you provided after printing out the relevent sheets
Where you have said that question 10 needs expansion of Q.3 do you mean more of an explanation of why i have listed those reasons? and to what extent? also will my local court (Barnsley) accept these papers?

Q3 - you could just put you are requesting a Stay of Execution against a Writ of FiFa served by a visiting HCEO & put the reasons why in Q10. Your local Court should take it as they are listed as a District Registry but some of the smaller Courts do not see these very often & will refuse, I do happen to know that the Court in Huddersfield has recently done one of these (within the last 3 months) and they also accepted the Variation Application as well. Going from memory Sheffield was OK as most of the larger inner city Courts are used to them.

Court offices usually open at 9am with the Counter being available to the public from 10am - 2pm. Might pay to call first & enquire:
Barnsley - 01226 320000
Huddersfield - 01484 421043
Sheffield - 0114 281 2400
Remember to stress this is for an urgent application for a Stay of Execution.

[essential75]

Re: Marstons visit to business address

Thats good to know as we live in sheffield and the shop is in barnsley so not too far away, i will call early on to enquire and hopefully get a response fairly quick, and i will stress how important it is for an urgent application for a stay of execution , thank you for all your help and i will let you know how tomorrow goes

Thanks
Mark

[bizzybob]

Re: Marstons visit to business address

Thats good to know as we live in sheffield and the shop is in barnsley so not too far away, i will call early on to enquire and hopefully get a response fairly quick, and i will stress how important it is for an urgent application for a stay of execution , thank you for all your help and i will let you know how tomorrow goes

Thanks
Mark

Good luck, hope all goes well, now the control is back in your hands.

[CleverClogs]

Re: Marstons visit to business address

Any update?

[essential75]

Re: Marstons visit to business address

Any update?

Good morning,
Right here we go, went to the court yesterday morning with the paperwork, and paid the fee, was told that it would be looked at by a judge the same day but they do not offer a "while you wait" service, was told to ring back in the afternoon which i did at 2pm to be told that all cases will be looked at on monday, by this time the bailiff is getting ratty down the phone at me threatening that a van will be at our shop first thing monday morning to empty all stock no questions, he is like jackel and hyde!!
One minute he is telling me that my offer of £400 is not acceptable then he is asking if im going to pay it or not as he needs to put his report in, any way i paid the £400 and now wait to see if the claimant has accepted or not
Talk about stress!!!!

[ploddertom]

Re: Marstons visit to business address

That's the lottery of Judges I'm afraid. Did you tell him you have submitted for a Stay? Might quieten him down a bit.

[essential75]

Re: Marstons visit to business address

That's the lottery of Judges I'm afraid. Did you tell him you have submitted for a Stay? Might quieten him down a bit.

No didn't say anything to him as I couldn't get a word in edge ways anyway, told him I was thinking about it a few days ago and he said that it would take 6 weeks to sort out and the van would be there before then, telling a few porkies me thinks

[ploddertom]

Re: Marstons visit to business address

Just to give you an idea of how different the Courts think there is AN Other who obtained an Interim Stay by visiting their Court last Monday - granted on the spot & the Court faxed all details for him - with a full Hearing scheduled for Monday coming.

[CleverClogs]

Re: Marstons visit to business address

I expect that, if/when you get the stay of execution and you tell him, he'll turn up with a van and claim he'd not been told...

[CleverClogs]

Re: Marstons visit to business address

Just to give you an idea of how different the Courts think there is AN Other who obtained an Interim Stay by visiting their Court last Monday - granted on the spot & the Court faxed all details for him - with a full Hearing scheduled for Monday coming.

Aye, but this case is in Yorkshire...