Stop a High Court Writ (and cancel the fees!)
Any of the following:
Apply to stay the writ and SET ASIDE the judgment
Apply to stay the writ and VARY the judgment
Apply for a DETAILED ASSESSMENT of the bailiff's FEES
Pay the creditor direct
Deploy Pay & Reclaim
Check the transfer up to the High Court is compliant with regulations
If the debtor is a company, wind up the company
Apply to stay the writ and set aside the judgment
If you were unaware of the judgment until after it was made, acted with reasonable promptness when you learned of it, and have reasonable grounds to defend it, then apply to stay the execution of the writ and set aside the judgment.
That stops enforcement and cancels all the bailiff's fees.
The application is made at the High Court district registry that issued the writ. The address can be found on the writ, or you can do it at the High Court on The Strand.
Complete a Form N244, a witness statement, and a draft order. The fee is about £100, but you may be eligible for court fee remission.
You can usually get the order made by a High Court master at the Royal Courts of Justice in London.
When your stay order is granted, that stops enforcement. You must serve a copy of the order on the bailiff company. Enforcement stops and all the bailiff's fees are revoked.
If you have already paid bailiff fees, you can reclaim them. If they refuse, apply for a detailed assessment hearing.
Apply to stay the writ and vary the judgment
The procedure is the same, but instead of setting aside the judgment, apply to vary it. You must complete a Form N245 (income and expenditure form).
This also stops enforcement and revokes bailiff fees. Any money already taken by the bailiff comes off the judgment.
Apply for a stay of enforcement and a detailed assessment of fees
If the bailiff has overcharged you, you can stay enforcement, freeze money already taken, and apply for detailed assessment. The bailiff pays your legal costs.
This applies if you were charged both enforcement stage fees, VAT on fees, the address on the writ is wrong, you are vulnerable, or if a sale stage fee was charged without goods being taken.
Pay direct to the creditor
Pay the creditor by cheque and retain proof. The enforcement power ceases, and the bailiff cannot charge fees.
Paragraph 31 of the Taking Control of Goods: National Standards 2014 states:
Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.
The amount outstanding means the debt and interest, not bailiff fees. If the bailiff has not taken control of goods, there are no costs recoverable under regulations.
Paragraph 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 explains when goods cease to be bound. Once the amount outstanding is paid, the power ceases.
Paragraph 58 says that if the amount outstanding is paid after taking control of goods and before sale, the agent must return the goods and take no further steps.
Under Paragraph 59, you must notify the bailiff that the amount outstanding has been paid to revoke further fees.
For the avoidance of doubt: "Amount Outstanding" is defined in Paragraph 50(3). It means the debt and any costs recoverable from proceeds, not fees unless goods have been taken.
To "take control of goods", the bailiff must do one of four things under Paragraph 13 of Schedule 12: secure goods, remove them, or enter into a controlled goods agreement.
Procedure
Make a cheque payable to the creditor for the amount outstanding (excluding bailiff fees)
Photograph the cheque
Enclose a note with references and purpose
Post it via registered post
Notify the bailiff company by email and letter that payment has been made
Keep a file note and copy of correspondence
NEVER pay the bailiff otherwise your money goes straight in his pocket under pretence he seized it as goods. If taken after payment, that is likely Advance Fee Fraud.
If the creditor is vexatious, make an application to set aside or vary the writ as above.
If a bailiff acts after you have paid, contact me. I can help you bring a claim under Paragraph 66 for breach of Paragraph 6(3). Legal costs are recoverable from the bailiff company's indemnity insurance.
Pay & Reclaim
See Pay & Reclaim
The debt or enforcement is non-compliant
See this checklist
Notes
Check whether you have any county court judgments via Trust Online (fee applies). A High Court Enforcement Officer cannot act without a valid judgment.