Notice of enforcement does not show writ of control number

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Espresso
Posts: 3
Joined: 02 Mar 2023 17:44

Notice of enforcement does not show writ of control number

Post by Espresso »

Hi,

I'm filling out forms n244 and n245 as I wish to apply to the court to vary the judgement so I can stop the HCEOs and pay the debt off in instalments.

However, I need to put the number of the writ of control, but I have never been sent a copy of this and the relevant section on enforcement notice I was sent was left blank.

Would be very grateful if you could give me some pointers here!

Many thanks!
Espresso
Posts: 3
Joined: 02 Mar 2023 17:44

Re: Notice of enforcement does not show writ of control number

Post by Espresso »

I also have another question – I've perused the boards and as far as I can see the process to obtain a stay of execution and variation of the order is as follows:

1) Fill out form n245 to show my financial circumstances
2) Fill out form n244 asking for stay and variation
3) Send these forms to kbmasterslisting [@] justice.gov.uk

Please let me know if I've got that wrong...

Also, the n245 asks for an offer of payment, which I have filled in, but also includes an option to enclose some money. Clearly I can't to that via email so is it best left blank, or will that set me at a disadvantage?

Thanks again...
zeke
Posts: 244
Joined: 30 Jul 2012 21:23

Re: Notice of enforcement does not show writ of control number

Post by zeke »

You need to complete and file a form N244 asking for a stay and variation and state the monthly amount you will pay.

It must be a maximum of 18 months, otherwise, the court might not accept it.

You don't need to enclose the first payment with the N245, That is only for showing the court your income and expenditure.

Make a draft order as a WORD DOCX file, setting out the terms of the stay and the amount to be paid each month and specifying the date you will make the first payment.
Espresso
Posts: 3
Joined: 02 Mar 2023 17:44

Re: Notice of enforcement does not show writ of control number

Post by Espresso »

Thank you so much Zeke. Can a layperson like myself write the draft agreement in every day language, or is there an expected legal format that one should follow for something like that?

Also, the enforcement notice didn't give the number for the writ of control (I think I'm asking for that to be set aside, rather than the CCJ?) – do you have any idea of how I would go about finding that? I don't want to contact the bailiffs for obvious reasons and I was never sent a copy of the writ...
zeke
Posts: 244
Joined: 30 Jul 2012 21:23

Re: Notice of enforcement does not show writ of control number

Post by zeke »

I wouldn't do an N244 and statement unless you know what you are doing.

There is no legalese, but you must be very clear about what you are applying for and why.

Your statement should be a standard layout and carry the introduction and the statutory statement of truth sign-off paragraph.

Always support it with evidence (Exhibits).

Tell the story in chronological order. Each event is in a new paragraph.

Your skeleton argument must set out the legal framework for your claim.

If the Notice of Enforcement does not carry sufficient information to let you identify the provenance of the debt, then it is invalid. Paragraph 7(d)-(e) of the Taking Control of Goods Regulations 2013.

You can get evidence of a judgment against you by making a search online with Trust Online (fee).

https://search.trustonline.org.uk/Search/CaseNumber

You don't need to contact bailiffs. Just apply to get the writ stayed and transferred down to your home court.
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