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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69357
Experience:  Over 5 years in practice
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I am in dispute with an electrician who failed to finish the

Customer Question

I am in dispute with an electrician who failed to finish the job then took me court for non payment even though I had to get another electrician to finish the job. Judgement was entered against me having been given ground for the trial to take place, but the judge saw fit to award against me without hearing the facts. I have subsequently appealed and the higher court judge now wants a court transcript, but the appellant is trying to intimidate me by being allowed to bypass the county court and go straight to the high court baliffs who has since visited my house twice to to seize goods without success. so my question is even though I have completed the N244 form and asked for a stay of execution of the warrant is his solicitor in the right to ask the baliffs to keep coming to my house even though its pending appeal and why is he allowed to by pass the county court because the fee has trippled from the original ruling.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

Can the other party execute and have a baliff seize goods even during an appeal and when the N244 specifically ask for a stay of execution of order?

Expert:  Jo C. replied 3 years ago.
Has a stay been granted?
Customer: replied 3 years ago.

It was asked for on the form where it clearly states if this was required. And he has bypassed the county court balliffs when this should have been dealt with for the original amount

Expert:  Jo C. replied 3 years ago.
Yes, I understand that but has a stay been granted?
Customer: replied 3 years ago.

Yes


 

Expert:  Jo C. replied 3 years ago.
When?

From what date? You should have been notified of the date of the stay.
Customer: replied 3 years ago.

i cant remember as it went to appeal during september and the paperwork is with my solicitor however i'm asking for my piece of mind so again can he do this if granted especially that the appeal court has asked me to attain the transcript

Expert:  Jo C. replied 3 years ago.
Ok. Thanks.

In short, it depends whether the stay has been granted. I do realise you've applied for one and that it is likely to be granted at least at some point but if it has not been yet they can continue to enforce.

I have to say that I would be surprised if they attempt to do so as there isn't really much point if there is an appeal and a stay application underway but I suppose their view might be that many people say they will appeal and do not.

In short though, one a warrant is stayed it cannot be acted upon. There is no reason they cannot get debt collectors to chase this up with phone calls and letters but they cannot despatch bailiffs to remove your goods without a warrant of the court that is live.

If this went to appeal in September then it would be surprising if there wasn't a stay in force now. Usually they can fairly quickly to stay the warrant.

Of course, that doesnt mean bailiffs won't attend. Bailiffs do things all the time that they shouldn't do. What it does mean is that if you do receive a visit you will have a claim against them.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Just what I thought as i think he is trying it on as he does not want this case to go back to court as this court is under investigation by the ombudsman. The trial was a white wash as I was not in attendance as I was in hospital at the time and refused to let my solicitor have the case date put back.

Expert:  Jo C. replied 3 years ago.
Yes, that might well be right.

It might be bluff on his part. He probably is displeased at your appeal.
Customer: replied 3 years ago.

I think I will go into the court tomorrow to ensure that the stay is in place.


Okay thanks for your help.


 


 

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Customer: replied 3 years ago.

ok

Expert:  Jo C. replied 3 years ago.
Thanks.

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