Stop High Court writ

Stop a High Court writ (and cancel the fees!)

Any of the following

Apply to stay the writ and SET ASIDE the judgment

Apply to stay the writ and VARY the judgment

Apply for a DETAILED ASSESSMENT of the bailiffs FEES.

Pay the creditor direct

Deploy Pay & Reclaim

Check the transfer up to the High Court is compliant with regulations

If the debtor is a company, wind up the company.

Apply to stay the writ and set aside the judgment.

If you were unaware of the judgment until after is was made, and

You acted with reasonable promptness when you learned of the judgment, and

have reasonable grounds to defend it, then:

Apply to stay the execution of the writ and set aside the judgment.

That stops enforcement and cancels the all the bailiffs fees.

The application is made at the High Court district registry that issued the writ. The address can be found on the writ, or you can do it at the High Court at The Strand.

Complete a Form N244, a witness statement together with a draft order.

There is a fee about £100 for making the application but if you are on a low income, complete an online court fee remission application.

You can usually get the order made there by a High Court master at the High Court on the Strand, in London (Royal Courts of Justice).

When your stay order is granted, that stops enforcement. You must serve a copy of the order on the bailiff company.

Enforcement stops and all the bailiffs fees are revoked.

If you have already paid bailiffs fees then you can reclaim them from the bailiff company. If they refuse to pay, then apply for a detailed assessment hearing.

Apply to stay the writ and vary the judgment

The procedure is the same as above, but instead, apply for a variation of the judgment and you must complete a form N245 Income and expenditure.

Again, this stops enforcement and revokes the bailiffs fees. Any money already taken by the bailiff comes off the judgment.

Apply for a stay of enforcement and a detailed assessment of fees

If the bailiff has overcharged you with their fees, then you can stop the enforcement, stay any money already taken, and apply for a detailed assessment. The bailiff pays your legal costs and it gets the bailiff off your back.

If you have been charged both enforcement stage fees, VAT on any fees, the warrant address is not your current address, you are a vulnerable person, charged you a Sale stage fee without taking control of your goods, of the writ of control is "defective" in some way, then you may apply for a detailed assessment of the bailiff fees.

Pay direct to the creditor

If you pay the amount outstanding to the creditor by cheque by post and keep a copy or the cheque and proof of posting. The enforcement power ceases to have effect. The bailiff cannot take control of goods to recover fees.

Paragraph 31 of the Taking Control of Goods: National Standards 2014 states;

Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.

The amount outstanding is the sum on the writ including interest to the date you make payment. It does not include bailiffs fees. If the bailiff has taken control of goods, then the amount outstanding includes any costs paid by the bailiff in connection with taking your goods.

Paragraph 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

6(1)For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph.

(2)The property in any goods ceases to be bound—

(a)when the goods are sold;

(b)in the case of money used to pay any of the amount outstanding, when it is used.

(3)The property in all goods ceases to be bound when any of these happens—

(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

(b)the instrument under which the power is exercisable ceases to have effect;

(c)the power ceases to be exercisable for any other reason.

Paragraph 58 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

(1)This paragraph applies where the debtor pays the amount outstanding in full—

(a)after the enforcement agent has taken control of goods, and

(b)before they are sold or abandoned.

(2)If the enforcement agent has removed the goods he must as soon as reasonably practicable make them available for collection by the debtor.

(3)No further step may be taken under the enforcement power concerned.

When you have paid the creditor before the enforcement agent started any enforcement stage you must notify the bailiff under paragraph 59(2) of Schedule 12 of the Act. It revokes any further fees thereforward.

59(1)This paragraph applies if a further step is taken despite paragraph 58(3).

(2)The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.

(3)Sub-paragraph (2) applies to a related party as to the enforcement agent.

(4)If the step taken is sale of any of the goods the purchaser acquires good title unless, at the time of sale, he or the enforcement agent had notice that the amount outstanding had been paid in full.

(5)A person has notice that the amount outstanding has been paid in full if he would have found it out if he had made reasonable enquiries.

For the avoidance of doubt.

"Amount Outstanding" is defined in Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, which says;

(3)The amount outstanding is the sum of these—

(a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);

(b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).

Provided the bailiff has not taken control of any goods, there are no amounts recoverable out of proceeds. That leaves just (a) above, the debt which remains unpaid. These regulations do not add "fees" to the above-mentioned sum.

To take control of goods, the bailiff must perform one of the four steps prescribed in Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

13(1)To take control of goods an enforcement agent must do one of the following—

(a)secure the goods on the premises on which he finds them;

(b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

(c)remove them and secure them elsewhere;

(d)enter into a controlled goods agreement with the debtor.

Procedure.

Make a cheque payable to the name of the creditor for the amount outstanding, not including bailiffs fees

Take a photo of the cheque

Enclose a note giving references and what this payment is for

Post it to the creditor by REGISTERED POST, (and if they refuse to sign for it, it proves it reached its destination and the payment was 'tendered')

Send the bailiff company a message by post and by email (template below) and to the bailiff by text message, saying the amount outstanding has been paid direct to the creditor. Keep a copy of the message.

Make a file note of everything.

NEVER pay the bailiff otherwise your money goes straight in his pocket under a pretence he "seized" the money as "goods" under paragraph 50(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 or dishonestly making a back-dated attendance AFTER the debt has been paid and thereby cheating you the enforcement stage fee of £235. That is actually Advance Fee Fraud.

If the creditor is vexatious or frustrates you, then make an application to set aside the writ, or to vary it as described above.

If the bailiff takes an enforcement step after paying the amount outstanding, then contact me, and I can have a solicitor bring an action for breach of paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 under paragraph 66 of that Schedule. Legal fees cost you nothing because the bailiff company is liable on an indemnity basis. He breached a provision in the Schedule 12 enforcement procedure, and they have Professional Indemnity Insurance for this.

Pay & Reclaim

See Pay & Reclaim

The debt and the enforcement is not compliant with regulations

See this checklist

Notes

Check whether you have any county court judgments via Trust Online (fee applies). It is not possible for an HCEO to transfer a debt to the High Court without a judgment in the county court, and getting a judgment is not possible if the Defendants Response pack was returned to court as Gone Away.