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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I applied for a stay of writ fi fa which was granted. The other

Resolved Question:

I applied for a stay of writ fi fa which was granted. The other person applied to have it lifted and got it lifted. What now?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, and thank you for your question.

tdlawyer :

My name is ***** ***** I can assist you with this.

tdlawyer :

The court will list their application for a hearing, most likely, unless something new is put before the court, it is difficult to see why it would change its decision having already granted a stay.

tdlawyer :

The court might even do with this on paper, and simply dismiss their application, although experience suggest that the court is probably more likely to list it for a hearing.

Customer:

No the lift of stay was done without a hearing, I recieved the papers this morning. The other party said I lied to get the writ of Fi Fa but I did not.

tdlawyer :

Oh, I see. So there is no hearing, matters are just proceeding as normal?

Customer:

So now she has had it lifted what does this mean, what happens next? I am really sick and tired of this woman hounding me. She invested in a business and it went down with the recession and the bank nearly bankrupting themselves. Doors slammed tightly shut. But she is persistant trying to get this money even though it was included in my bankruptcy.

Customer:

I have letters from the bankruptcy stating it was included, although it was included later, and she is trying to get the company for the debt also. at this address. The company never has been at this address( my home address). Its finished, insolvent, and was in Jan 13. Where do I stand now? I am so tired, this is grinding me down. I dont have anything, I am currently on jobseekers allowance.

Customer:

You still online?

tdlawyer :

I'm here, 2 seconds.

tdlawyer :

If a stay is lifted, it means the bailiffs can conitnue to attend.

tdlawyer :

If it's money included in the bankruptcy, then I agree with you, it should be stayed.

tdlawyer :

If you believe this is a bankruptcy debt, you should speak to your trustee (if you still have one)?

tdlawyer :

If you don't, then I would suggest you consider making a further application to the court to stay the enforcement and this time, as for a hearing. You normally have 7 days from the date of receiving an order made in your absence (as this appears to have been) to set it aside.

Customer:

They have been twice. I showed them the letters and also showed them that I had left the business premises last Jan '13. They asked why I applied for a writ of stay and I told them I just followed the courts advice. If they come I have the same letters so I dont know what she is playing at.

Customer:

How do I set this aside?

tdlawyer :

You would need to make an application on Form N244 asking for it to be set aside. The court should then list a hearing.

Customer:

Its Hereford court. And I dont want to attend if I am honest. The past three years has been more than a nightmare. Hereford is too far for me and I can not afford to travel

Customer:

What is the worst? Bailiffs again?

Customer:

I can speak to the trustee and get another letter, although I already have one.

tdlawyer :

Bailiffs again - yes.

Customer:

If she uses the high court they know they are wasting their time. I'm confused!!

tdlawyer :

Well, maybe they feel they have no option, or you will give up and pay!?

Customer:

I have the letter from the trustee stating she was included in the bankruptcy, and the business never traded from here. The initial debt was 20k and she continues to add interest so its up to 34k. I dont think I can manage that on jobseekers.

tdlawyer :

No, I think on jobseekers, you would have some difficulty trying to pay that off! It may have to stretch into the next life!

tdlawyer :

Speak with the trustee, see where you get to.

tdlawyer :

The trustee would probably be able to give you a letter, which could accompany an application you might want to make to court, to set the latest order aside, effectively restoring the original stay period.

Customer:

Sorry I have a docs app in 10 mins. I can understand you saying have it set aside but I really have had enough. I suppose if the bailiff comes agin then he gets the same letters from before. I feel myself getting really annoyed and I should battle this out. She had this lifted by calling me a liar, that I despise..... I was just starting to get sleep again, now she is playing her games. Yes I will speak to the trustee tomorrow. Thanks for your help.

tdlawyer :

Okay. You're welcome. See what happens, if you need to speak to me again, please feel free to do so. In the meantime, can I ask you to confirm that you are happy with the service this evening please?

tdlawyer :

Does this answer your question?

tdlawyer :

Is anything more I can add?

tdlawyer :

Please do remember to rate the answer for me before leaving. Thank you.

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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