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Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.Sorry to hear of the issue. I will set out my written answer shortly.
So an N244 application form is for a general application in the UK county courts or the high court. A party to an action is able to make an application and the court can deal with it without a hearing or with a hearing. If it's for a hearing, the court will send out the N244 with "notice of hearing" which is a date and a time whereby a judge will consider the application - the parties must also attend the hearing. It may be by telephone or in person. So it sounds like the court is about to list the hearing date shortly and when it does that, the court staff will seal the N244 form (give it a court stamp) and return it to the parties with notice of hearing. The judge will make a decision based on the merits of the application after that, at the hearing.
Given there is reference to the N245 form too, I presume the person has a CCJ and they have applied to set it aside, and they have sent in form N245 too to ask the court to suspend enforcement pending a determination on the defendant's ability to pay.
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.
Thanks, ***** ***** fees are payable for form N244 (either £100 or £255 depending if the application was made with notice to the other party or not) and £50 for the N245 - unless you qualified for the fee remission if you are on a low income, have low savings or in receipt of benefits in which case form EX160 is also sent in
Thanks, ***** ***** can do is wait for the hearing date unfortunately. You should refuse to open the door if you are visited by the enforcement agency
They can until the time the court makes an order to set aside the judgment
They should not take steps if you can show them a copy of your application though.
Yes as until the hearing takes place the court has not yet made an order meaning the enforcement agency can still try to execute. It would be poor behaviour on their part though as really they need to wait for the outcome of the hearing - if you paid them now and your application won, they would have to repay you. There is no set time period for the listing of a hearing - each court is different - all you can do is chase the court - if you call them, ask for the civil listing section for an update.
I don't know why the agency is still pursuing, you should ask them why when you have made a formal application to the court
Thanks, ***** *****'t let them in to your property if they visit - they cannot force entry. And if you own your car, move it so someone else's driveway if you can (they cannot clamp it on someone else's private property)
OK, thanks. The court will confirm the hearing date shortly but I recommend you give the a call. And you too, many thanks. Jim