I'm not sure what you mean by N245 execution.
A form N245 is an income and expenditure, and you apply for a stay and a variation using a form N244. You file both to the court.
You should make a claim for court fee remission and put the Help With Fees (HWF) reference at the top right of the N244 before posting the forms to the court.
If the CCJ is on the public register and the bailiff is enforcing a county court
warrant of control, then file both forms at the county court that issued the judgment.
If the bailiff is enforcing a
writ of control, then you can email the completed form N244 and N245 to the High Court Queen's Bench division. Their email address is
qbenquiries@justice.gov.uk
In the body of your email, say something like
Dear Sir.
My name is [NAME] and the claim number is [CLAIM NUMBER].
Please process my application for Help with Fees, then file my application for a stay of execution and to vary the original judgment to be paid at £[AMOUNT] a month.
Depending which High Court Master you get, it's a game of chance.
Some High Court masters will make your order as applied.
Others will stay the enforcement and order you to apply to vary the judgment at your home county court within 14 days, and the stay on the enforcement of the writ continues until further order by the county court.
Interestingly, I have seen first hand, two High Court Masters contradict each other when deciding identical applications to stay a writ of control and vary a county court judgment.
One has said - after staying a High Court writ - the High Court does not have authority to vary a county court judgment because the High Court does not have jurisdiction over county court.
Another High Court master, has happily stayed a writ of control and varied a county court judgment in one fell swoop.
Article 8 of the County Court and High Court Jurisdiction Order 2008 is silent, but I have regularly seen High Court Judges exercising jurisdiction over county court matters.
Either way, the payments are always made to the creditor. You only pay the judgment debt, not the bailiffs fees.
If the creditor says "its in the hands of bailiffs" then you are still only liable for the judgment debt, and not the fees.
If a bailiff or creditor demands you pay enforcement fees and you have a stay order on the writ of control, post back here. We can show you how to apply for a detailed assessment under Civil Procedure Rule 84.16.
