Warrant of execution ordered but no idea what for....

[lillythepink12]

First time poster so please be gentle!

 

I've received a warrant of execution from the bailiffs for a debt I have no knowledge of. It's been sent to an address I've never lived at but is in my name-it's only by chance that I've received it.

 

It appears a claim has gone through the county court without my knowledge, instigated by a chap I've had dealings with in the past. This chap harassed me by phone because I wouldn't evict one of my tenants quickly enough for him (he wanted to speed up an eviction making it illegal) and I refused. He threatened to visit me and have it out, even though I informed him I was 9 months pregnant. In the end, I had to call the police to warn him off.

 

It seems he's got the address of the lady I used to do the eviction paperwork for me and made a claim against me for goodness knows what. By default he seems to have won. How on earth do I get this reversed? I've got until Monday when the baliffs act to repossess goods (albeit from an address I've never lived at).

 

I've downloaded an N244 form and applied for the paperwork associated with this claim to be sent to me but any idea what to say on the form? I definitely don't want this guy getting my actual address-he's a lunatic, even the lady at the courts service when reading the paperwork commented that this sounded a bizarre claim.

 

Any kindly folk with experience of filling in an N244 form that could advise?

 

Thanks very much in advance.

[hallowitch]

Hi Lilly welcome to CAG

 

wonkeydonkey and ploddertom are the people to help out here none of them on line at the moment but they will be along at some point today

[wonkeydonkey]

Hi

 

Unfortunately the 'claimant' will get your address as it has to be given to the Court for service of documents...If you need any further help to prepare for the set aside hearing please just ask and I can help you prepare your statement of case. WD

 

N244 Form:

 

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No - Put Writ No in here if applicable

Claimants Name - name of Claimant as entered on CCJ

Defendants Name - name of Defendant as entered on CCJ - yourself

Date - when you filled this in

Q1 - put your name in here

Q2 - tick relevant box

Q3 - a brief description - you are applying to set aside the Judgment given to the Claimant in default on xxxi

i. - you were not served the Claim at the correct address

ii. - you wish to defend/counterclaim

iii - you ask a stay of execution to the Judgment be halted pending the set aside hearing.

Q5 - tick at a hearing

Q6 - leave blank

Q7 - leave blank unless relevant

Q8 - District Judge

Q9 - Claimant & Defendant & appointed bailiffQ

10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date

Q11 - fill your details in ie: full name and address

[ploddertom]

To suspend the Warrant of Execution fill in Form N245, I'm assuming when you say Bailiffs you mean the County Court Bailiff.

[lillythepink12]

oh wow, you are so kind, I do appreciate your help.

 

I've ordered a copy of the claim and the judgement which I would hope would arrive early next week. Should I wait for these to arrive before I fill in the N245? I'm not sure of the date of the CCJ or the particulars, I only have what the kind lady at the court told me when she read through the paperwork.

 

Thanks very much, you are really helping me put a rather fraught mind at rest.

[ploddertom]

What we need to understand is which type of Bailiff you are being threatened with. Is the "letter" you have from your local County Court or does it have the name of a an enforcement company on it? The answer is very important as it tells us what route you need to go. If it is from the County Court then it should have the Claim No on it, if it is from a different source we can help you find the details.

 

PT

[lillythepink12]

It's the county court baliffs so I have the claim number and the name of the claimant.

I'd be really grateful for any thoughts as to how to fill in this N245 (and do I need to fill in an N244 as well?)

 

Thanks very much.

[ploddertom]

N245 - Variation Order or Suspend Warrant

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n245-eng.pdf

 

This form has a dual function and you may fill it online & print or just save a blank copy to fill in by hand. You mark the appropriate box as to what you want to do. It may also pay to ask at the Court Office about how much extra of the form you need to fill in. The fee for this application is £45 but if on certain Benefits or a low wage you may be able to have the fees waived - Form EX160 & EX160A may be needed for this.

 

Form N244 is for a General Application. In your case if the documents all went to a different address is enough in its own right to apply for Set Aside but you must have a realistic chance of defending or counter claiming against the claim.

 

The County Court Bailiff is genearlly quite amenable and if you fill the forms in and let him know he may just decide to wait until a hearing takes place.

 

PT

[lillythepink12]

Hi Guys

I've received the particulars of the claim now-they are scant and refer to a letter I never received. I've put together a defence but I'm wondering what to write in box 10 of the N245 form? Should I just give my reasons for asking for the judgement to be set aside or should I include a defence of the claim? Or both?

 

Thanks for any help. I'm afraid I don't have a high enough rating on here to reply to PMs but do have a private address: lillydbsatgmaildotcom

Thanks

[wonkeydonkey]

Hi Zoe

 

I canot reply to your email as gmail message to say you have exceeded the emails allowed for the last hour?

 

It is as I thought ....you are applying to set aside a Judgment because you did not get served the notice to the claim. At this stage all you need to do is contest that alone with a simple Statement to Case. If set aside is successful he will then be given a set period of time to 'reply' ie: write to the Court and say 'I still want to go ahead with this and here is a new claim'

 

Then and only then you put forward a defence, the document you have headed particulars of claim is actually a defence and not needed at this stage of the proceedings.

 

You do not have to return the N244 to Northampton you can file it at your local County Court, cost approx £60-£80 but if you are on any benefits/tax credits etc you can submit form ex 160 for fee remission.

 

Give me an hour or so and I can put a Statement to Case together for you if it will help, I will need you to confirm your address so I can address everything to the correct Court.

 

Sue