Stay a writ of control and set aside the judgment

If you can demonstrate that:

You were unaware of the judgment (e.g., due to a change of address), and
You have a reasonable chance of successfully defending the initial claim
If the judgment was issued over 21 days ago, provide reasons for the delayed application.

The Court may suspend enforcement action while you apply to have the claim re-listed at our home court for a new hearing.

Download the N244 "application notice" form from the HM Court Service website and complete it, along with preparing a witness statement.

The court fee for an N244 application without notice is £285. If you qualify as low income, apply for court for Help with Fees (HWF) and include the application reference number on your N244 form.

Then, file your application at the High Court in London or the High Court district registry that issued the writ.

Try to file your application to the High Court in London; staff at district registries may not be acquainted with this process.

The master might order a suspension of enforcement until you re-list the claim for a hearing in your local County Court. This stay remains in effect until the court issues further instructions.

The Law:

Civil Procedure Rule 27.11 (CPR 27.11) states:

(1) A party –

(a) who was neither present nor represented at the hearing of the claim; and

(b) who has not given written notice to the court under rule 27.9(1),

may apply for an order that a judgment under this Part shall be set aside and the claim re-heard.

(2) A party who applies for an order setting aside a judgment under this rule must make the application not more than 14 days after the day on which notice of the judgment was served on him.

(3) The court may grant an application under paragraph (2) only if the applicant –

(a) had a good reason for not attending or being represented at the hearing or giving written notice to the court under rule 27.9(1); and

(b) has a reasonable prospect of success at the hearing.

(4) If a judgment is set aside –

(a) the court must fix a new hearing for the claim; and

(b) the hearing may take place immediately after the hearing of the application to set the judgment aside and may be dealt with by the judge who set aside the judgment.

Defend it! - Search Trust Online to identify the claim number, then request a copy of the claim from the court.

If you're confronted with imminent enforcement action or if money or goods/vehicles have already been taken, you can still file an application, and they will be returned if your request is approved.

You can seek compensation for the loss of use of the goods and the expenses incurred in retrieving them from the bailiff's premises. These are referred to as "Special Damages."

Additionally, this action cancels bailiff fees, execution costs, and the transfer fee.

CPR 46.5. Ensure you always claim your costs as a litigant representing yourself.

These costs are directed against the judgment creditor and can be recovered from them. The creditor has the option to seek reimbursement from the bailiff company because it was the bailiff company's suggestion to escalate the claim to the High Court that resulted in your incurring costs. Since 2014, enforcement regulations for county court judgments and High Court writs are the same. The only party benefiting from transferring a judgment to the High Court and accessing a higher fee structure is the bailiff company.