High Court Writ Set Aside
A High Court Writ of Control allows High Court Enforcement Officers (HCEOs) to recover debts under a judgment. However, if you believe the writ was issued unfairly or incorrectly, you may be able to apply to have it set aside. This process halts enforcement and provides an opportunity to challenge the debt or judgment.
What Does It Mean to Set Aside a High Court Writ?
Setting aside a High Court writ means invalidating the legal authority granted to HCEOs to enforce a debt. Once the writ is set aside:
• Enforcement action stops.
• Any seized goods are returned (if not sold).
• The case may return to court for further assessment.
Grounds for Setting Aside a High Court Writ
You can apply to set aside a writ if:
1. The Judgment is Disputed
• The original County Court or High Court judgment is incorrect or unfair.
• You were unaware of the proceedings or did not receive the claim paper.
2. Payment Was Made
• The debt was paid in full or settled before the writ was issued.
3. Procedural Errors
• The claimant or enforcement officer failed to follow proper procedures.
Examples include:
• Incorrect service of notices.
• Errors in the writ application process.
4. Debt is Subject to an Agreement or Insolvency
• The debt is included in bankruptcy proceedings.
• You are in a formal repayment arrangement, such as an Individual Voluntary Arrangement (IVA).
5. Exceptional Circumstances
• Unfair circumstances, such as fraud or coercion, led to the judgment or writ being issued.
How to Apply to Set Aside a High Court Writ
Step 1: Halt Enforcement Action
If enforcement is active, you can:
• Request a temporary stay of execution by filing an Application Notice (Form N244).
• Contact the HCEOs directly to explain your intention to challenge the writ.
Step 2: File an Application to Set Aside
You will need to apply to the court that issued the writ. This typically involves:
• Completing Form N244 (application notice).
• Paying the applicable court fee (around £275, or £14 for those eligible for fee remission).
In the application, you must:
• Explain your reasons for challenging the writ.
• Provide evidence supporting your claim, such as proof of payment or procedural errors.
Step 3: Attend a Court Hearing
Once your application is submitted:
• A hearing will be scheduled where you can present your case.
• The claimant may also attend to respond to your application.
Possible Outcomes:
1. The writ is set aside, and enforcement stops.
2. The writ is upheld, and enforcement resumes.
3. The case is adjourned for further review.
Possible Outcomes:
When a High Court writ is set aside:
• Seized Goods: Any goods taken by HCEOs must be returned (unless they have already been sold).
• Court Orders: You may need to renegotiate repayment terms or challenge the original judgment.
• Costs: The court may order the claimant to cover your costs if the writ was issued unfairly.
Tips for Challenging a High Court Writ
1. Act Quickly: Enforcement action can proceed rapidly, so submit your application as soon as possible.
2. Provide Evidence: Strengthen your case with documents proving payment, procedural errors, or agreements.
3. Seek Legal Advice: If the process feels overwhelming, consult a solicitor or debt advisor for guidance.
When Should You Not Apply to Set Aside a Writ?
You should not apply to set aside a writ if:
• The judgment was lawfully obtained, and you have no valid defence.
• You are merely delaying enforcement without legitimate grounds.
In such cases, you may want to explore alternative solutions like negotiating repayment terms or entering a formal debt solution (e.g., an IVA).
How We Can Help
At Acme Credit Consultants, we provide professional support to individuals and businesses facing High Court enforcement. Our services include:
• Reviewing your case to assess whether the writ can be set aside.
• Assisting with completing and submitting Form N244.
• Representing you during court hearings.
• Negotiating with creditors or enforcement officers.
Contact Us for Support
If you need to challenge a High Court writ or stop enforcement action, contact our experienced advisors today for tailored advice.
Call us now: 0208 568 9687
Email us: debt@cohmen.tech
Website: www.acmecredit.co.uk
Visit Us: Acme House, 136 High Street, West Drayton, Middlesex UB7 7BD