Please Please Please Need help before 10am tomorrow. Northampton Sheriffs

[smellybella]

hi,

i have received a warrant I think / notice of seizure - Writ of execution. From enforcement officer.
i have been to my local county court today to see if i can get this stopped and put a payment plan in force, and was given a form n244 or a n255 , the counter clerk, would not advise me which I needed, to stop this sheriff coming to take my item. May i add I have not received any other correspondants from the courts, only from the person i owe the monies too. He is calling again tomorrow Thursday but need to complete one of the forms and hand back to the courts before he arrives. please help.

[ploddertom]

Re: Please Please Please Need help before 10am tomorrow. Northampton Sheriffs

Is it a Warrant of Execution or a Writ of FiFa you have? Who delivered it?

[smellybella]

Re: Please Please Please Need help before 10am tomorrow. Northampton Sheriffs

Awe thankyou for replying - Ive no idea - it says enclosed is a walking possession agreement, that i must sign and return (obviously im not). its a High court form 55 if this helps

[smellybella]

Re: Please Please Please Need help before 10am tomorrow. Northampton Sheriffs

Not sure who delivered it has a mobile number and a name, of who I have spoke to, yesterday, it was just left behind the door, and my partners car was listed on this, ( I she will have to prove this is her car to which it is registered with DVLA in her name)

[ploddertom]

Re: Please Please Please Need help before 10am tomorrow. Northampton Sheriffs

Awe thankyou for replying - Ive no idea - it says enclosed is a walking possession agreement, that i must sign and return (obviously im not). its a High court form 55 if this helps

OK, it's a Writ of Fi Fa. Is it possible to say what the original debt was for? I note you say this is the first you have heard of this - have you moved address?

[smellybella]

Re: Please Please Please Need help before 10am tomorrow. Northampton Sheriffs

The debt, is for a accountants fee. Im self employed builder, T/A - I submitted my tax return last year accountant filed this, his fees where £400, I did not have the funds to pay his bill, he referred this to a solictor, received letters from them, and arranged a payment but never paid this, I was in a dark place last year with work & finances, then I have got this through the door of the High court sherriff. I have been to my local county court today and they would not advise on which form I needed to stop him or what to say if he came, as i need to arrange a payment. but this has now increased to £1,212.14 from one visit.

[ploddertom]

Re: Please Please Please Need help before 10am tomorrow. Northampton Sheriffs

Are you in a position now to pay the original CCJ Judgment? If the CCJ was awarded in Northampton you need to speak to them in the morning to find out what address they have been sending all the documentation to. You will need this information as it may form the basis of what you apply for next.

You can however make a start on the forms you may need. There is a possibility you may have to submit 2 different applications.

1 - Variation Order - if applicable & if granted sets a figure that is payable towards the debt each month. It's a simple application on Form N245 and you must fill in the I&E asked for. Cost of application is approx £45.

2 - Stay of Execution - this is the more important of the applications and is applied for on Form N244, cost of application is approx £80. If granted halts all further enforcement & charges. Your grounds for applying may be:
i - you cannot afford the fees demanded as the first you knew of any Order was when the Enforcement Officer attended.
ii - pending determination of a Variation Order (or Set Aside dependent on answers you get from the Court

If you also look at Forms EX160a & 160c it may be permissible to apply to have the fees waived. All forms available from HMCTS website.

[ploddertom]

Re: Please Please Please Need help before 10am tomorrow. Northampton Sheriffs

To file the N244 with the Court this is best done in person, preferably in a morning when the Court opens as many times a spare Judge can be found who will hear the application on the spot.

If the Enforcement Officer is attending again together and it is your home address then he has no automatic right of entry. You do not have to let him in but be wary of anything of value you may have outside - car or van for instance, keep these well away from your property. If it is a business address he is attending then he has the right to force entry.

[ploddertom]

Re: Please Please Please Need help before 10am tomorrow. Northampton Sheriffs

Forgot to say that not all Courts can deal with the N244. This application should go to the High Court in London or a County Court that also acts as a District Registry of the High Court. To find one local to where you live go to https://courttribunalfinder.service.gov.uk/ enter your postcode and where it says Area of law choose High Court, it should then give a list of Courts that are local to you that may help. I usually find the bigger inner city Courts know more than some of the smaller town Courts.

[smellybella]

Re: Please Please Please Need help before 10am tomorrow. Northampton Sheriffs

You are wonderful, I have both forms in my possession now, but I was sgoing to ask my partner to go to the courts to drop them off, I didnt realise that I may have to see a Judge, . When I went to hand the n25 form in today the court reception said that she could not take this from me? Not known, why. I cannot thankyou enough. I have been to CAB today and the courts and got no response, at all, only words i heard were, well ermm im not legal trained. Thankyou

[smellybella]

Re: Please Please Please Need help before 10am tomorrow. Northampton Sheriffs

Oh I could possiblity pay the original jusgement which was £400, but then what happens to his fees etc the high court fees. & Is it best to put both claim forms in n44 & n45 just to be on the safe side.

[ploddertom]

Re: Please Please Please Need help before 10am tomorrow. Northampton Sheriffs

That's why I say you need info from the Court. If they have used a known wrong address you could apply for Set Aside on the basis you did not receive the documents and if you had you could have paid. If that works then the CCJ is basically scrapped and and fees the HCEO has added are also removed. The cost you will be looking at is the original £400 + his solicitors costs and you can argue the toss over the Court fees.

As an aside I'm also SE and pay my accountant monthly so there is never any outstanding bill to pay, if interested look at http://www.aims.co.uk/ I don't pay extra for phone calls, letters or visits and can ring with any queries I have at no extra charge.

[smellybella]

Re: Please Please Please Need help before 10am tomorrow. Northampton Sheriffs

Hi
Just an update, I paid the £80 fee for a form at the county court n244, on Thursday, telephone the sheriffs office today to let them know that a hearing will take place, and they informed me that the sheriffs will still come, till they receive a sealed envelope from the Judge, OMG- I will have to wait and see now, im on pins.

[ploddertom]

Re: Please Please Please Need help before 10am tomorrow. Northampton Sheriffs

While at the Court did you explain the urgency of the application? The HCEO is correct that until a sealed order is provided they can continue - normally once it is granted provided they have details, date, Court & Judge - so they can check - they will desist. If they do attend show them a copy of your application & receipt for its payment.

[smellybella]

Re: Please Please Please Need help before 10am tomorrow. Northampton Sheriffs

Thank you, I didn't mention the urgency, I presumed they would of know that with the fear in my voice, but the counter clerk, did say to me without asking that the Judge was available that morning and the case would be heard, & that I will receive confirmation through the post.. Fingers crossed he dont attend, but I've got a feeling he will attend Monday am - I cant thank-you enough for all your help.