How to get a High Court Writ set aside? 2022
For free and impartial money advice and guidance, visit MoneyHelper, to help you make the most of your money.
You must apply to the High Court district registry if you want to set aside the judgement. If successful, the enforcement action will stop, and you won’t have to pay the bailiff fees.
If you want to know how to get a high court writ set aside look no further. I’ll share who can apply to have a high court writ set aside, what happens if the enforcement officers come to your home and what you can do if you can’t afford to pay high court bailiffs.
Beating Debt Collectors
There are several ways to deal with debt collectors and improve your finances.
Choosing the right way to tackle your debt could save you time and money, but the wrong one could cause even more harm.
It’s always best to find out about all your options from a professional before you take action.
Fill out the 5 step form to get started.
What is a High Court Writ?
A High Court Writ makes it possible for High Court Enforcement Officers to access your home and take your assets. The purpose of taking your assets is to sell them and use the money raised to pay your debt. A High Court Writ is requested by a business or individual who has not been able to recover a debt they are owed.
What Are High Court Enforcement Officers?
High Court Enforcement Officers, HCEOs, are High Court bailiffs. The HCEOs can take control of your goods. This means coming to your property. If they gain access to your property, they’re likely to create a controlled goods agreement. They make an inventory of your assets and ask you to agree to a repayment plan. This agreement lists all the items they can come and remove if you fail to keep up with the repayments. You can keep the items listed in the agreement providing you keep paying the stated repayments on time.
Will Bailiffs Seize My Belongings Immediately?
HCEOs do have the power to take your goods without creating a controlled goods agreement. They can even choose a room in your home to lock away your belongings. Once a Control of Writ is issued the HCEOs can take control of your goods immediately. This applies even if you have moved your belongings to someone else’s property or given them to someone else.
Can I Stop Bailiffs After a High Court Writ is Issued?
You will have the opportunity to stop HCEOs from coming to your property to seize your belongings. The HCEO will contact you and discuss clearing the debt. You could choose to pay it in full if you can do this without leaving yourself in financial hardship. The HCEO should also offer a repayment plan.
I recommend using the free budget tool I have available to download. Use it to work out your precise incomings and outgoings. With this information, you can establish an offer of payment that you’re able to afford without suffering hardship.
Contact a debt advisor if any level of repayment will leave you in financial hardship. They will be able to discuss your situation and find a suitable debt solution that fits in with your circumstances. The debt advisors below offer free help and can be invaluable to anyone struggling with debt.
Can a High Court Writ Be Stopped?
You can try to stop a High Court Writ. The only way to do this is by applying for a Stay of Execution to the High Court district registry that issued the judgement. You can find the address of where to apply on the Writ itself. The court must set aside the judgment if
- You have paid off the debt in full before the date of the judgement
- Sent back the acknowledgement of service form in the time stated
- Provided a defence before the stated time limit
- Asking for more time to pay within the stated time limit
Who Can Apply to Have a Writ Set Aside?
You will need to show that you have reasonable grounds to have the High Court Writ set aside. For example:
- You didn’t know about the judgement
- You reacted appropriately as soon as you found out about the judgement
- You don’t owe the debt
- Officers used incorrect measures while trying to get you to pay
How Long Does a Writ of Control Last?
A Writ of Control is valid for 12 months. The creditor can apply to have the writ renewed after the 12 months if they haven’t collected the debt at this time.
Can I Stop HCEOs from Entering My Home?
HCEOs are often harder to deal with than County Court Bailiffs. That doesn’t mean they can smash their way into your home. The High Court bailiffs can only force entry if all the following conditions are met:
- They have already had access to your home and a Controlled Goods Agreement was made with you
- You made a controlled goods agreement and failed to make at least one payment
- You have 2 clear days’ notice that the high court bailiffs were coming to take your goods or inspect the goods on the controlled goods agreement
Clear days are all days excluding Sundays, Christmas Day, and bank holidays. So, if you receive notice of an HCEO visit on a Friday, the soonest they can come to your home is Monday, unless it’s a bank holiday.
Do I Have to Let High Court Bailiffs In?
The HCEO cannot force entry to your home if all the above conditions are not met. Additionally, you don’t have to let them in your home. You can use the following methods to stop the high court bailiffs from gaining entry:
- Keep all the doors and windows to your home always locked
- Don’t open the doors or windows to speak to the bailiffs
Can’t Afford to Pay the Bailiffs?
Offer to repay the debt in instalments if you have a high court writ and you can’t afford to pay it. If you fail to agree with the HCEOs you could apply for a stay of execution. Use the N244 court form to make your application, which does have a fee applied.
Always speak to a debt advisor for assistance with debts and legal proceedings. They may come up with an insolvency solution that could work with your circumstances. Failing that they will help to fill in appropriate legal forms.I have a useful article about how to deal with bailiffs that I recommend you read if you’re expecting a visit from bailiffs.