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 bailiffs 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
If you were unaware of the judgment until after it was made, and
You acted with reasonable promptness when you learned of the judgment, 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 bailiffs' 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 at The Strand.
Complete a Form N244, a witness statement, and a draft order. There is a fee of about £100 but if you are on a low income, complete an online court fee remission application.
You can usually get the order made there by a High Court master at the Royal Courts of Justice.
Once granted, you must serve a copy of the order on the bailiff company. Enforcement stops and all bailiff fees are revoked.
If you already paid bailiff fees, you can reclaim them. If refused, apply for a detailed assessment hearing.
The procedure is the same as above, but instead, apply for a variation of the judgment and complete a form N245 income and expenditure form.
This stops enforcement and revokes the bailiff fees. Any money taken by the bailiff comes off the judgment.
If the bailiff has overcharged, you can stop enforcement, stay any money taken, and apply for detailed assessment. The bailiff pays your legal costs.
Grounds include: multiple enforcement stage fees, VAT added, wrong address, vulnerable debtor, unlawful sale stage fee, or a defective writ.
If you pay the amount outstanding to the creditor by cheque by post and retain proof, the enforcement power ceases. The bailiff cannot enforce to recover fees.
See National Standards 2014, Paragraph 31:
"Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable."
Paragraph 6, 50, 58 and 59 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 are key statutory provisions supporting this.
You must notify the bailiff the amount outstanding has been paid. If enforcement continues, they may be liable.
Make a cheque payable to the creditor (not including bailiffs' fees)
Photograph the cheque
Enclose a reference note
Send by registered post
Notify the bailiff company by post and email, and text the bailiff
Retain a full file note of everything done
Never pay the bailiff as they may seize the money under paragraph 50(1) or falsely backdate attendance, which constitutes Advance Fee Fraud.
If frustrated by the creditor or if bailiff proceeds after payment, contact me and a solicitor can bring a claim under paragraph 66 of Schedule 12.
See Pay & Reclaim for full steps.
Use this checklist to check legality of the enforcement.
Check for county court judgments via Trust Online. A writ cannot be issued without a valid CCJ, and not if the Response Pack was returned as Gone Away.