What happens if I'm not in when the enforcement officers arrives?

[bizzybob]

Re: What happens if I'm not in when the enforcement officers arrives?

Hi,
I will do the n245 today then. It's for £9000.
I have also offered to pay another £1000 at the end if the month when I can get this out if my savings. So I am really making an effort and they can see this.

One of the reasons for the Stay might be that the EA marstons have refused a reasonable offer of payment, another might be you cannot afford the fees demanded.

Now the full picture is known other Beagles will be able to target further advice specific to your issue.

[Hbale]

Re: What happens if I'm not in when the enforcement officers arrives?

I really appreciate this thank you so much.

[Hbale]

Re: What happens if I'm not in when the enforcement officers arrives?

Anyone out there can help any further?
I have filled in the n245 and will take it to my local county court in the morning.
Once they have received does this stop the enforcement officer coming?

[ploddertom]

Re: What happens if I'm not in when the enforcement officers arrives?

Anyone out there can help any further?
I have filled in the n245 and will take it to my local county court in the morning.
Once they have received does this stop the enforcement officer coming?

N245 needs to go to the Court where the CCJ was awarded. No it does not stop an Enforcement Agent attending. The only way to stop the EA in his tracks is to file for a Stay of Execution against the Writ they hold. This is done on Form N244 and when complete is best taken in person to the High Court in London or a County Court that also acts as a District Registry of the High Court - application fee is now £155, if on certain Benefits or low wage this may be waived - see Forms EX160a & 160c for details.

Your grounds for applying for a Stay could be:
1 - you cannot afford the fees demanded
2 - pending determination of a Variation Order

[Hbale]

Re: What happens if I'm not in when the enforcement officers arrives?

I will of paid£50 for the n245 so another fee would make things tight! Also I live no where best London so would my local county court be ok? How quick dies the n244 take effect?

[ploddertom]

Re: What happens if I'm not in when the enforcement officers arrives?

I will of paid£50 for the n245 so another fee would make things tight! Also I live no where best London so would my local county court be ok? How quick dies the n244 take effect?

If granted a Stay of Execution puts an immediate halt to all further enforcement action & charges. The Form is best taken in person, on a morning, to Court. You explain the urgency of the application and there are some Courts who will find a Judge who will hear the application & rule accordingly, my local Court even produces the paperwork within 30 minutes.

To find a Court local to you that you can attend then https://courttribunalfinder.service.gov.uk/ will help, follow the instructions and you will be presented with a list & are looking for one that says it does High Court. As a hint if you can travel a little further afield a bigger Court may be better as they are used to seeing these whereas the smaller Courts are not.

[Hbale]

Re: What happens if I'm not in when the enforcement officers arrives?

Right ok so I fill the form in and hand it straight back?
Are there any reasons they can reject the application? Would I still have to pay if it was rejected?

[ploddertom]

Re: What happens if I'm not in when the enforcement officers arrives?

Right ok so I fill the form in and hand it straight back?
Are there any reasons they can reject the application? Would I still have to pay if it was rejected?

The Form will take a little time to fill in as it is not quite as straight forward as the N245, better to download it and fill it in before you go - available from HMCTS website. ASs with all applications there is no guarantee of success & if rejected you don't get refunded.

[Hbale]

Re: What happens if I'm not in when the enforcement officers arrives?

Ok thank you very much for coming back to me.
Do you think they are likely to refuse in your experience? The fee is a lot of money to me.
Im also worried as we are going away to stay with family in a few weeks time and a friend is house sitting. What if they turn up when she's here in her own?

[ploddertom]

Re: What happens if I'm not in when the enforcement officers arrives?

I would guess in the 4/5 years I have helped people with this perhaps only a handful have had their application turned down - mainly because the form has not been completed properly or they have not listed any grounds for having done so. As for turning up when you are away then that is something that may happen and if the apparent person in charge is over 18 then they are expected to deal with it. Being a residential property means they cannot force entry providing they are denied the opportunity to seize goods. I'll send you some more info later tonight when I get home.

[Hbale]

Re: What happens if I'm not in when the enforcement officers arrives?

But if I have done the n244 and it's accepted then they won't just turn up?
Would they tell her why they are calling?
I really can not thank you enough.

[ploddertom]

Re: What happens if I'm not in when the enforcement officers arrives?

But if I have done the n244 and it's accepted then they won't just turn up? They can't as there will be a Court Order that says otherwise - if they break that then they could be in Contempt.
Would they tell her why they are calling? Possibly but they should be looking for the person named on the Writ and if that says Mr Smith then she is obviously the wrong sex.
I really can not thank you enough.

I appreciate this is uncharted territory for you as this is very much a different procedure to what most face. I have sent you a quick guide by PM to help you fill the form in.

[Hbale]

Re: What happens if I'm not in when the enforcement officers arrives?

Hi all!
Do the enforcement officer arrived today and I didn't let him in. Told him that I have completed a n245. He didnt seem happy and kept asking me why I have done that. He said that if they take this to stage 2 whilst the n25 is being processed they will add £495 onto my bill!
Is this correct?
Hayley

[bizzybob]

Re: What happens if I'm not in when the enforcement officers arrives?

Hi all!
Do the enforcement officer arrived today and I didn't let him in. Told him that I have completed a n245. He didnt seem happy and kept asking me why I have done that. He said that if they take this to stage 2 whilst the n25 is being processed they will add £495 onto my bill!
Is this correct?
Hayley

He is not happy as the n245 stay will prevent him adding any more fees if granted pending a Variation Order on n244, if he did come back whilst the Stay is being processed and added the extra fees it would be subject to challenge, but other will know more.

[Hbale]

Re: What happens if I'm not in when the enforcement officers arrives?

This is causing me so much upset and stress. I suffer from M.E. and this is making me ill.
Thank you for your help