Who is liable for Enforcement fees on a CCJ which is Set Aside

[Batonrouge]

Hello, this is a question about who is liable for the enforcement fees if a judgment in the county court is set aside.

In this case (my nephew) obtained a set aside, as everything had been sent to an address where he no longer lived, and he wanted to dispute the claim. However he was too late to stop the Enforcement Officer visiting the flat he had rented out and the Enforcement Officer arrived the day before the set aside decision document arrived from the court. My nephew now lives abroad and is renting out his flat in London. The Enforcement Officer visited the address of the flat in London and threatened to take the tenant's possessions, forcing my nephew (over the phone) to pay the amount they demanded as the tenant was in such distress. My nephew is due to go to court to argue his case to recover most of the amount taken by the Enforcement Officer. The bailiff is still in possession of the money awaiting the court decision of the new hearing which is due in a few weeks time. Who is liable for the bailiff's enforcement costs on the judgment that was set aside?

[zeke]

It the writ of control is stayed then the debtor is not liable for the enforcement fees.

Bailiff companies state in their contracts the creditor pays the enforcement fees when a writ is stayed.

If the judgment is set aside without a stay on the writ then the writ is a nullity and nobody is liable of the enforcement stage fees.

If money has been taken and the judgment is stayed then you are entitled to a refund. Give them your bank details to enable them to pay.

If the bailiff company gets funny with the fees the have a detailed assessment under CPR 84.16. You will need a solicitor. Search online.

[Batonrouge]

Thanks so much zeke. This is really helpful. I have been trying for days to get an answer to this question.