Can a High Court Writ be cancelled?

Can a High Court Writ be cancelled?

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mcflurry

Original Poster:

9,079 posts

252 months

Friday 23rd March 2018
quotequote all
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?

Mojooo

12,668 posts

179 months

Friday 23rd March 2018
quotequote all
I think the fundamental point is that if it aint set aside by the time they arrive then its irrelevant - they will carry on and you had to deal with the court later.


kowalski655

14,599 posts

142 months

Friday 23rd March 2018
quotequote all
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

Mojooo

12,668 posts

179 months

Friday 23rd March 2018
quotequote all
On a related note, I saw one today about a car that was going to be seized.

The V5 was in the debtors girlfriends name - we know this is not proof of ownership

But what if you bought your car private and only have a handwritten receipt - will they have to accept that?

Jasandjules

69,825 posts

228 months

Friday 23rd March 2018
quotequote all
If they are unaware of the case then an application notice (N244 Court Form I assume is what they are referring to) can be lodged with the court to have the judgment set aside.


Red Devil

13,055 posts

207 months

Friday 23rd March 2018
quotequote all
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.
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.

mcflurry

Original Poster:

9,079 posts

252 months

Wednesday 28th March 2018
quotequote all
Thank you smile