Help with CCJ/Writ of control

Manwan

KeithP said:

Manwan said:

I am mostly concerned about getting the CCJ set aside as it’s preventing me finding any private accommodation.

In the eyes of the court, that is not a good reason.
Courts take a dim view of 'credit cleansing'.

Yes, just letting you know what my ideal end goal is in the interest of getting the best advice. Thanks 

Gr1pr

Your end goal in the first half is to stop enforcement by obtaining a stay on the writ of control,  and only that,  at the high appropriate court 

Then you are applying for a set aside ASAP via your local civil court,  to be determined by a hearing , in the second half 

So as described back on page 1, using 2 different courts 

Then you are fighting the original claim at yet another subsequent hearing,  in extra time

None of the above is about the aim of credit cleansing,  that is a private and secret wish only,  never mention it to any court 

You are trying to unwind and untangle all the legal issues that got you here 

ChirpyChicken

@Gr1pr this is done at the county court not high court 

Gr1pr

OK, well at the appropriate court each time,  an unwinding process,  the courts are not interested in their personal circumstances,  just the procedures 

The OP needs to put their personal reasons to one side,  concentrating on the unwinding process and hopefully winning out, or at least getting it to a point they are happy with as an outcome 

They asked if it could all be done at the high court back on page 1, my opinion on the suitable reply is,  definitely not, but Google says slightly different,  such as

https://www.nationalbailiffadvice.uk/Stay-High-Court-Writ-Set-Aside-Judgment.html

They should concentrate on the separate stages

Manwan

ChirpyChicken said:

@Gr1pr this is done at the county court not high court 

Sorry I’ve had it in my head from this email I received from Civil National Business Centre, that I needed to go to the high court. Are you saying I should take my n244 to the county court and not the high court? 

Gr1pr

I thought the CNBC were correct,  as in that communication above,  only to be overruled by other knowledgeable replies on here ( I am not a lawyer,  but it seemed correct to me  ). So I changed my reply to "appropriate " court 

The default CCJ was issued by the CNBC due to no reply,  probably to dcb legal in favour of the Claimant

Dcb legal probably advised ECP to escalate it to the High court for a writ 

So its a case of unravelling it,  where you need a stay on the writ and then a set aside application 

Effectively you need proper legal advice , whereas the volunteers on here can only make suggestions,  nothing more 

I don't know which is the correct course of action or if a local civil court can help you,  but I dont disagree with the reply from the CNBC,  it makes sense to me 

ChirpyChicken

100% this is done in the county court i have done a fair number 
The stay fee is now £15

https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50/civil-court-fees-ex50

Coupon-mad

Manwan said: 

So just to be clear, the high court should be able to stay the writ AND set aside the judgment? 

No that's not what I said.

I already advised you where to file the application and pay the £14 or £15. We've seen people do this before.

I typed exactly what you need to do. So did @ChirpyChicken. We didn't tell you to go to the High Court. Your local court will handle that side.

Manwan

I handed it to my county court this morning. Appreciate the advice @Coupon-mad. 

Manwan

Update : within 48 hours of handing the n244 at county court, I received an email to say the writ has been stayed. I now am waiting for the date for my set aside hearing.