Assistance needed

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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Joined: 18 Feb 2018 10:35

#1 Assistance needed

Post by helpneeded2018 » 18 Feb 2018 10:51

Hi all,

Bit of a complex one,

I am a female, suffered an attack for which I have a police number for and have counselling and suffer from anxiety, at the time I got into rental arrears and was given a court date to move - which I did before the date- I then arranged a payment plan of £200 per month with the claimant who was aware of the above which I have kept to

Fast forward to this week and come in to find a notice of enforcement from the High Court, I am obviously going to write to them and the claimant ( both recorded ) as a first point ask for 14 days for no one to arrive to allow me to provide them with documentation from my doctor/ counsellor to show the impact someone arriving may have on me and point out that I had an agreement in place and to ask the claimant to take it back to continue it- am I right in saying they have to give me time to show this to them?

Is there anything I can do through the court? I have the agreement in writing from the claimant?

In addition I don't know if it makes a difference but the letter states the hearing was seen at Manchester County Court on September 11th 2017 but it was Eastbourne County Court it was seen at - I have the paperwork - it has since closed down in December 2017 but I have had nothing since and the original hearing was still Eastbourne so it is wrong on the listing

Any help would be greatly appreciated

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Schedule 12
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Joined: 30 Jul 2012 21:23
Location: Philippines

#2 Re: Assistance needed

Post by Schedule 12 » 18 Feb 2018 12:37

If a claimant made an agreement he is not keeping to, then apply to stay the writ. The court will always follow a previous agreement provided the debtor has not breached it.

The application is best made at the high court in London. A local registry can do it but court staff are unfamiliar with the procedure. You end up having to spend a lot of time educating them.

Here is the procedure to stay a writ of control. ... r-HCEO.htm

I would include in your witness statement all your evidence of your vulnerability and include evidence that you are a recent victim of domestic violence.
Not a solicitor. I am a paralegal for solicitors bringing proceedings against non-compliant enforcement action.


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Posts: 2
Joined: 18 Feb 2018 10:35

#3 Re: Assistance needed

Post by helpneeded2018 » 19 Feb 2018 09:06

Thanks a lot for that, very helpful and will do today

Am I right in saying it is £50? Do I do that by postal order and who do I make it out to?

One final question do I send a copy to the claimants/ baliffs as well or just the court?

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