Recovering money paid to a bailiff - writ set aside

[manyfridges]

We recently had a Baliff turn up at our property. After threatening to take our cars, we paid him. We applied to the court to have the writ set aside 3 weeks prior to this and they lost our paperwork.
The day after the visit from the Bailiff, we successfully got the writ set aside at the county court.
The wording on the judgement when set aside -
1. The application to set aside judgement be listed for hearing on 6th November at '' court...
2. The writ of control is suspended and any further enforcement of judgement stayed until determination of the application to set aside judgement.

My question is, how do we recover the money paid to the bailiff company and should they refund the money paid or do we need to wait for the hearing to recover any funds?
We paid via credit card.

[zeke]

If you paid by credit card then consider doing a chargeback.

It's highly irregular for a county court to stay a high court writ. It doesn't have jurisdiction, but I have previously seen county courts put a stop on a writ when the application is made to a county court.

If the writ is suspended until a hearing in November is to decide the outcome of the stay application, then applying for a refund might be premature because the judgment has not yet been set aside.

If the judgment is set aside then it is the creditor that owes you the money together with interest, but the bailiff company will have held the money until the hearing, so the action is brought against the creditor and the bailiff company if the bailiff company fails to refund the money promptly after the judgment is stayed. Any fees of the bailiff company is a matter for the creditor to resolve.

At the stay hearing, ask the court to include on the order that any goods or money taken to be returned to you within 14 days.

[Michelle]

We recently had a Baliff turn up at our property. After threatening to take our cars, we paid him. We applied to the court to have the writ set aside 3 weeks prior to this and they lost our paperwork.
The day after the visit from the Bailiff, we successfully got the writ set aside at the county court.
The wording on the judgement when set aside -
1. The application to set aside judgement be listed for hearing on 6th November at '' court...
2. The writ of control is suspended and any further enforcement of judgement stayed until determination of the application to set aside judgement.

My question is, how do we recover the money paid to the bailiff company and should they refund the money paid or do we need to wait for the hearing to recover any funds?
We paid via credit card.

From the above, it looks like:
1. You applied to have the JUDGMENT set aside, rather than the writ; but
2. The judgment hasn't yet been set aside, as it says above that the application to set aside will be heard in November. Set aside applications are most often decided at a hearing, until that takes place, the judgment has NOT been set aside; and
3. The writ is only suspended pending the outcome of the hearing above.

Until the hearing takes place and an order is made, you don't know whether your application has been successful or not. At this point, no decision has been made by the court on this matter so you need to wait for the hearing date and be prepared to attend the hearing and put forward your arguments as to why you think the judgment should be set aside, this doesn't just happen automatically because you submitted an application.