Help with writ of control order

[lura B]

Please am in urgent help with the writ of control order i will really appreciate if someone can be of help?
Am a vulunerable person which am unable to work for some years now due to my health condition .

I received a county court judgement for a tribunal cost award that i am unable to pay because i have no income was adviced by step change to sent form N245 to the court with my income and expenditure and offer a £1 payment since am not working with any income , this was submitted without form N244.
I did as adviced but unfortunately i did not have any responds from the court in regards to this, rather i received a notice of enforcement followed by notice of attendance from the highcourt enforcement.

On 06/12/20 i received a general form of judgement or order form from the county court which only contain the form N245 that was sent to them and state that upon considering the defendant application to stay the writ and to pay by instalments, it is ordered that the writ of control dated october stays and that the matter be transferred to the defendant court.

please am so confused as i dont really know what to do at this point

My question is:

Will the court sent me any other letter to explain things more? Is the £1 offer accepted or not?

Do i have to submit form N244 again after submitting the N245? if yes is there any time limit? will i have to pay again?
Is there any pattern of letter i can sent to the court about my vulnerability with my doctors report?
How do i tell the HCEO to stop visiting because this is really affecting my health, i get panic attack whenever i hear a knock on the door .
Can they break into the house ?

Someone please help me before i go insane.

[zeke]

If you are a vulnerable person, the regulations only state the bailiff must give the debtor adequate opportunity to get advice about the enforcement.

If the bailiff does not, then the enforcement stage fees are not recoverable.

StepChange has given you some skewed advice about applying for a variation.

When you apply to vary a judgment, you must first, apply to stay the writ of control.

You complete a form N244 and a form N245 and file them together with a draft order, setting out the repayment schedule you are asking the court to make.

The court ignored your N245 because it did not have a form N244 or a draft order.

The court will not send you a letter telling you how to apply for a stay of execution and a variation.

There is no time limit to apply for a stay and a variation because you make an application when you have had a change of financial circumstances, Civil Procedure Rule 23:10.

You do not need to show evidence that you are vulnerable when you apply for a stay of execution.

You file evidence of being a vulnerable person when you apply for a detailed assessment, under Civil Procedure Rule 84.16, to dispute the enforcement stage fee when a bailiff does not give the debtor adequate opportunity to get advice about the enforcement power.

There is no pattern of a letter for applying for a stay and a variation, because no letter is needed.

Complete a form N244, form N245, together with a draft order setting out the payment schedule you want the court to make. Then file the the documents at the High Court by email to QBMastersListing (at) justice.gov.uk

That will stop the enforcement power, and any money already taken by the bailiffs is set off against the original judgment debt.

Bailiffs fees and charges are not payable when the enforcement is stayed, provided you keep to the schedule repayments, otherwise, the stay is automatically lifted.

Bailiffs enforcing a high court writ of control do not have a power to break entry to domestic property, or to get a locksmith.

If you get an unexpected caller, and you don't recognise them, do not answer the door.

If someone outside the property is pestering you, or your safety is compromised, call the police on 999 reporting a disturbance, and make sure that door remains locked shut until everyone is away from your property.

[lura B]

Hi Zeeke,
Thanks for your responds.

I submitted form N245 previously and paid a fee , do you mean I should submit it again with Form N244? and do i need to pay for this again?

In regards to the draft order is there any form or draft sample you can show me please?

What order will I ask for in form N244 please, is it to;
1) Stay the execution of the writ and vary the judgement? OR
2) Set aside the judgement as per the attached order.

Going through form N244 i need to also attached a withness statement , is this the same thing as draft order? If not , could you please give me some ideas how to go about this? What are the important point to include on the statement please?

Can Form N244 application be dealt with without a hearing? I Will not be able to cope with hearing due to my health.

Can I also include doctors report as an evidence ?

Thank you..

[lura B]

Zeke,
And thanks for letting me know that I don't have to let the HCEO into the house as this is completely different from what i was advised by Step change.
They categorically told me that I should let HCEO into the house and that if I don't they will not accept any form of payment agreement, terrible is it?

Thanks again.

[monkeynuts]

Zeke,
And thanks for letting me know that I don't have to let the HCEO into the house as this is completely different from what i was advised by Step change.
They categorically told me that I should let HCEO into the house and that if I don't they will not accept any form of payment agreement, terrible is it?

Thanks again.

This is a contradiction to what they advise on their website. Especially in the video where they say dont let them in and speak with them through the letterbox.
https://www.stepchange.org/debt-info/de ... EQQAvD_BwE

I would ask them why they said what they said.

[zeke]

Zeke,
And thanks for letting me know that I don't have to let the HCEO into the house as this is completely different from what i was advised by Step change.
They categorically told me that I should let HCEO into the house and that if I don't they will not accept any form of payment agreement, terrible is it?

Thanks again.

Step Change advice letting bailiffs into your house is ringing the dinner bell to come and ransack it.

StepChange, just like other government funded debt charity websites, is only giving advice they are told to give.

They make money selling debt management plans, and a conflict of interest if they give advice on how to stop bailiff action.

In a mystery shopper exercise back in 2016, which I took part in, and supplied the debts and their debtors.

Several debt charities were asked scripted questions to evoke a correct answer on how to stop enforcement of a writ of control, and a traffic contravention debt.

None of them passed the test.

Publicly funded debt charities won't want to deprive its paymaster of debts being enforced because the enforcement is non-compliant with the regulations.

You don't need to pay a fee to apply for a N245/N244 stay of execution and a variation.

Apply for court fee remission online.

https://www.gov.uk/get-help-with-court-fees

And Enter the Help with Fees (HWF) reference on the top right of the N244, then submit them to feesrcj@justice.gov.uk to get your fee remission certificate, then file your N244 and N245 to the Queen’s Bench listing office.