request to stay writ and adjust payment dismissed
request to stay writ and adjust payment dismissed
can I re apply to the court with information from the debt charity as I genuinely don't have the lump sum requested or the payments they want, their solicitor was also dishonest with the information he presented which I have proof of, what would be my next step
Re: request to stay writ and adjust payment dismissed
If a solicitor has been dishonest, then gather the evidence and raise a concern with the Solicitors Regulation Authority.
When an application to stay a writ has been dismissed and you don't have the money, then the enforcement power is live, but the power is limited to taking your goods and selling them to pay the debt. They cannot break and enter your home.
The problem is for the bailiff because they have to gain access to your stuff, and under a writ, there is no power to break entry into any domestic home. That means, the bailiff can only enter peacefully if you open the door, or leave a door unlocked - then he will probably ransack the place, in particular, the bedrooms - because they have immunity from criminal liability.
You must take steps to secure your home from bailiffs and your car if you have one.
When a bailiff cannot enter your home, he cannot execute the writ, and cannot enforce the thousands of pounds in fees he will have added to the debt. It will eventually be returned to the creditor, and from there you are in a much better position to negotiate a repayment plan you can afford.
When an application to stay a writ has been dismissed and you don't have the money, then the enforcement power is live, but the power is limited to taking your goods and selling them to pay the debt. They cannot break and enter your home.
The problem is for the bailiff because they have to gain access to your stuff, and under a writ, there is no power to break entry into any domestic home. That means, the bailiff can only enter peacefully if you open the door, or leave a door unlocked - then he will probably ransack the place, in particular, the bedrooms - because they have immunity from criminal liability.
You must take steps to secure your home from bailiffs and your car if you have one.
When a bailiff cannot enter your home, he cannot execute the writ, and cannot enforce the thousands of pounds in fees he will have added to the debt. It will eventually be returned to the creditor, and from there you are in a much better position to negotiate a repayment plan you can afford.
Re: request to stay writ and adjust payment dismissed
thank you for the information, I'll contact the solicitors regulation authority and wait to see if it will be past back to the creditor