Can a High Court Writ be cancelled?
Discussion
Watching one of the High Court Sheriff programmes the other day, the debtor called his solicitor to try and set aside the Judgement.
With a County Court judgement, the debtor could pay £250, fill out a (N244?) form and have the Judgement set aside, if they were unaware of the case. However, the solicitor and bailiff were arguing that the case had been heard and so couldn't be set aside.
Who was correct please?
With a County Court judgement, the debtor could pay £250, fill out a (N244?) form and have the Judgement set aside, if they were unaware of the case. However, the solicitor and bailiff were arguing that the case had been heard and so couldn't be set aside.
Who was correct please?
Been a while since I did this but IIRC:
If by "heard" they mean both parties turned up for a trial and one lost, thereby becoming liable for a debt, then no, they would have to appeal.
If by "heard" they mean only the claimant turned up and won the case, or the judgment was obtained by default,i.e. no defence was filed,then defendant can ask for a set aside if they claim they didn't get notified of the court date or court claim.
But until it is, the bailiffs can go in for their money
If by "heard" they mean both parties turned up for a trial and one lost, thereby becoming liable for a debt, then no, they would have to appeal.
If by "heard" they mean only the claimant turned up and won the case, or the judgment was obtained by default,i.e. no defence was filed,then defendant can ask for a set aside if they claim they didn't get notified of the court date or court claim.
But until it is, the bailiffs can go in for their money
mcflurry said:
Watching one of the High Court Sheriff programmes the other day, the debtor called his solicitor to try and set aside the Judgement.
With a County Court judgement, the debtor could pay £250, fill out a (N244?) form and have the Judgement set aside, if they were unaware of the case. However, the solicitor and bailiff were arguing that the case had been heard and so couldn't be set aside.
Who was correct please?
What the HCEO meant was that until a court has granted the debtor's application to stay the Writ of Control remains live.With a County Court judgement, the debtor could pay £250, fill out a (N244?) form and have the Judgement set aside, if they were unaware of the case. However, the solicitor and bailiff were arguing that the case had been heard and so couldn't be set aside.
Who was correct please?
The solicitor ought to have known that and informed his/her client accordingly.
https://www.hcegroup.co.uk/2017/10/10/stays-execut...
If you have a HCEO on your doorstep seeing to enforce then you have to act fast. In such circemstances you need to ask court staff to go before a master to hear your emergency application straight away, they can usually see you immediately or set a listing within 24 hours. The application is made at the High Court district registry that issued the writ.
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