A High Court Writ has been issued for County Court Costs (a case in which I was defendant).
I have received a letter from a High Court Enforcement company to say they will be visiting me but I have not received a copy of the Writ of Control or a Notice of Enforcement yet.
I understand I can apply for a Stay of Execution to put a hold on enforcement action and to see if I can agree a payment plan through the court.
I'm very confused as to whether I need to send a N244 form or an N245 form or both and do I send them all to the High Court, even though the costs were imposed by the County Court?
Also, do I have to send a statement of truth with an N244 and where can I find an example of one?
There are 2 defendants but only seems to be space for one defendant on the forms and also on the EX160 which I need to fill in because I am on a low income.
I'm hoping to send the forms off to the court tomorrow so this is really quite urgent.
N244 or N245 or BOTH??
Re: N244 or N245 or BOTH??
You complete a form N244 to apply for a stay and a variation, here is a https://www.nationalbailiffadvice.uk/Template-n244.html
To vary a judgment, complete a form N245 income and expenditure. You can download that here: https://www.gov.uk/government/publicati ... f-an-order
If you are on a low income, do a online fee remission application and put the application reference on the top-right of the N244.
The application is best made at the High Court In London (nearest Tube - Temple or Holborn) and head to room E01 to submit your fee application, then go around the corner to room E07 to list your application. They list your application to go before a Master there and then, head over to the master corridor.
If you get stuck, or court staff in room E07 say things like, you must go to room E14 enforcement office, then head over to the Personal Support Unit (PSU) on the first floor in the east block and a volunteer will accompany you room E07 and list application before a master.
You should be done by lunchtime, the writ stopped, the fees are history and the bailiff is tucked up.
Depending which Master you get, it’s hit-and-miss, some say the High Court doesn’t have jurisdiction over county court judgments and only stay the writ and set a deadline to transfer your application to your home county court to make another application to vary the judgment. That advice is incorrect because the High Court has jurisdiction over subordinate county court judgments. If you get lucky, for example, Master McCloud or Master Kay, your writ will be stayed together with a variation without sending you back to a county court to make a separate application.
When I do a stay and variation for clients, I use a law firm to attend court, it racks up costs for the other party or the bailiff company. Staff at the High Court are averse to applicants stopping a High Court writ, so watch for these red flags;
Court staff get funny and send you to Room E15 enforcement office to tip off the bailiff company you are applying to stay a writ. Another red flag is court staff asking you for a High Court Reference. This has no meaning to anyone other than the bailiff company itself. You only need the county court claim number.
If you are doing this yourself, complete a form N260 costs application, and in your draft order, ask the court to reserve your costs, and they are set-off (deducted from) the original judgment.
To vary a judgment, complete a form N245 income and expenditure. You can download that here: https://www.gov.uk/government/publicati ... f-an-order
If you are on a low income, do a online fee remission application and put the application reference on the top-right of the N244.
The application is best made at the High Court In London (nearest Tube - Temple or Holborn) and head to room E01 to submit your fee application, then go around the corner to room E07 to list your application. They list your application to go before a Master there and then, head over to the master corridor.
If you get stuck, or court staff in room E07 say things like, you must go to room E14 enforcement office, then head over to the Personal Support Unit (PSU) on the first floor in the east block and a volunteer will accompany you room E07 and list application before a master.
You should be done by lunchtime, the writ stopped, the fees are history and the bailiff is tucked up.
Depending which Master you get, it’s hit-and-miss, some say the High Court doesn’t have jurisdiction over county court judgments and only stay the writ and set a deadline to transfer your application to your home county court to make another application to vary the judgment. That advice is incorrect because the High Court has jurisdiction over subordinate county court judgments. If you get lucky, for example, Master McCloud or Master Kay, your writ will be stayed together with a variation without sending you back to a county court to make a separate application.
When I do a stay and variation for clients, I use a law firm to attend court, it racks up costs for the other party or the bailiff company. Staff at the High Court are averse to applicants stopping a High Court writ, so watch for these red flags;
Court staff get funny and send you to Room E15 enforcement office to tip off the bailiff company you are applying to stay a writ. Another red flag is court staff asking you for a High Court Reference. This has no meaning to anyone other than the bailiff company itself. You only need the county court claim number.
If you are doing this yourself, complete a form N260 costs application, and in your draft order, ask the court to reserve your costs, and they are set-off (deducted from) the original judgment.