County Court Business Centre

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
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stiggy77
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#1 Going To High Court

Post by stiggy77 » 02 Aug 2017 13:44

Can I just turn up at the high court in London to have my hearing for a Stay or do I need to book. I am really not sure... Please Help as this is urgent !!

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Schedule 12
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#2 Re: Going To High Court

Post by Schedule 12 » 03 Aug 2017 07:41

Just turn up with 3 copies and your fee to the masters corridor. (East wing)
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#3 Re: Going To High Court

Post by stiggy77 » 04 Aug 2017 11:48

I think I am just about ready for this , just one thing on the N244 form do I apply for the Stay , to vary the balance and dispute some of the judgement on the same form ? Thanks

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#4 Re: Going To High Court

Post by stiggy77 » 04 Aug 2017 13:10

I am preparing a witness statement , I take it I need to leave section 10 box blank as relying on the witness statement ??

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#5 Re: Going To High Court

Post by Pote Snitkin » 04 Aug 2017 20:37

Hi stiggy - sorry no-one was around earlier. How did this go?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#6 Re: Going To High Court

Post by stiggy77 » 06 Aug 2017 15:19

I am set to go to High Court tomorrow (7/8/17) , although I am considering paying the whole debt to HCEO and then disupte the amount afterwards, this is just to stop the baliff action . Although I am not sure if this is a wise thing to do. End of the day I don't dispute we owe just the amount and the fact we had no correspondence regarding the CCJ untill it was awarded as default the the claiment ...

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Schedule 12
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#7 Re: Going To High Court

Post by Schedule 12 » 06 Aug 2017 19:37

NEVER concede to any HCEO.

Get the non-compliant enforcement stopped. Ask for your costs.
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stiggy77
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#8 County Court Business Centre

Post by stiggy77 » 06 Aug 2017 20:23

Hi again , I have just noticed that out CCJ was heard at a County Court Business Centre not an actual County Court, there is a county court stamp on the paperwork . Apparently the CCBC does NOT phsyically have hearings.. How the hell were we ever going to make a defence or response anyways ?? Please Help URGENT ...

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Schedule 12
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#9 Re: County Court Business Centre

Post by Schedule 12 » 06 Aug 2017 20:27

You cannot apply to stay a writ at a County court. It must be either, the Registry the writ was issued, or at the royal courts of justice. East wing. Masters corridor.
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#10 Re: County Court Business Centre

Post by stiggy77 » 06 Aug 2017 20:49

Sorry I might not have typed it out correctly , the paperwork we received was from County Court Business Centre in Northampton which is photocopied with a County Court Stamp. The high court notice of enforcement was transfered from a Judgement in the Bradford County Court ... To me who is not legally trained whatsoever does not sound right ... Please Help !

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Schedule 12
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#11 Re: County Court Business Centre

Post by Schedule 12 » 06 Aug 2017 22:09

For the avoidance of doubt, make the application in the High Court in the Strand. Always apply for your costs including travel expenses.

You can see whether Bradford is a High Court Registry. If it is then you can make your application there. Expect to be messed about. Local registries are inefficient.
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Michelle
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#12 Re: County Court Business Centre

Post by Michelle » 06 Aug 2017 22:51

stiggy77 wrote:
06 Aug 2017 20:23
Hi again , I have just noticed that out CCJ was heard at a County Court Business Centre not an actual County Court, there is a county court stamp on the paperwork . Apparently the CCBC does NOT phsyically have hearings.. How the hell were we ever going to make a defence or response anyways ?? Please Help URGENT ...
The CCBC is just the centralised processing facility for money claims issued online via MCOL and claims issued by creditors in bulk. When the claim was issued, you should have received a claim form giving you 14 days to acknowledge service, submit a defence or an admission. A defence can be submitted either by post, using the attached N9B form, or online, using the password printed on the claim. If, after submitting your defence, the claimant decides to continue, defended claims are transferred to the defendant's local court for the hearing. However, if you fail to respond to a claim within 14 days, the claimant is entitled to request default judgment, which seems to have been the case here.

If you didn't receive the claim form and think you could have a valid defence to the claim, you could apply to set aside the judgment.
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Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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Michelle
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#13 Re: County Court Business Centre

Post by Michelle » 06 Aug 2017 22:55

Have just seen your other thread and merged your two threads to keep it all together.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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#14 Re: County Court Business Centre

Post by stiggy77 » 06 Aug 2017 23:14

I did not receive any type of claim form , password to offer any defense just the CCBC form of default judgement . On advise Iam going to high court tomorrow to try and get a stay and vary the balance . They do have my correct address so how the hell do I prove that I didn't receive the correct paperwork or correspondence to put a defence ...

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#15 Re: County Court Business Centre

Post by stiggy77 » 07 Aug 2017 00:14

If Iam applying for a stay of execution and vary the balance , will The N244 form plus a witness statement which I have prepared be sufficient?

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Schedule 12
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#16 Re: County Court Business Centre

Post by Schedule 12 » 07 Aug 2017 11:06

Yes but complete a form n245 income and expenditure to assist the court decide your variation.
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#17 Re: County Court Business Centre

Post by Schedule 12 » 07 Aug 2017 11:08

stiggy77 wrote:
06 Aug 2017 23:14
They do have my correct address so how the hell do I prove that I didn't receive the correct paperwork or correspondence to put a defence ...
Make a sworn affidavit.
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#18 Re: County Court Business Centre

Post by stiggy77 » 07 Aug 2017 17:53

Just had a hearing in Masters office at high court , granted a stay of execution on the basis that I pay £100 per month . I take this has quashed all the HCEO fees ? :P

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Schedule 12
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#19 Re: County Court Business Centre

Post by Schedule 12 » 07 Aug 2017 18:06

Yes. All HCEO fees buried.

And well done.
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stiggy77
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#20 Re: County Court Business Centre

Post by stiggy77 » 07 Aug 2017 18:07

Thank you so much .. Could not have done it without you all , you have all be bloody fantastic ....

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#21 Re: County Court Business Centre

Post by stiggy77 » 11 Aug 2017 14:18

So I sent the court order to Southen Water and Marstons . I have received a letter today from Marstons informing me that 'their' client hs provisionally accepted the £100 a month and that I make the £100 payable to Marstons. Now I thought that once I had a stay of execution regardless of the caveat of the installments, this takes the HCEO out of the loop and I should be make payments direct to Southern Water . ? . ?

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#22 Re: County Court Business Centre

Post by Schedule 12 » 12 Aug 2017 09:57

Do not pay Marstons. Their case is finished. The variation says to pay the Creditor.


Marston will pocket any money and never come off the debt.

Do not respond to their correspondence. They, and all their fees are now the creditors problem. The creditor loses their transfer up fee they paid msrston and Marston loses their execution fee. Between them they lose £117.25.
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stiggy77
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#23 Re: County Court Business Centre

Post by stiggy77 » 13 Aug 2017 00:58

Made a phone call to Southern Waters litigation department. I must say I had great pleasure in telling the young man on the phone that I had been granted a stay and that Marstons should not be sending me anything. After going very quiet and then putting me on hold and giving me a call back, Marstons have now been closed down for this particular case. They still want about £172 more than what the original CCJ is but have asked me to take a picture of the CCJ as this is evidence of the current amount owing.. Trust me I am still going to take further action regarding not receiving the correct paperwork and the external leak. This is a step in the right direction and just goes to prove that even if it feels like too much to fight against these 'money making greedmongers' keep and keep on fighting as you will end up paying astronomical amounts..

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