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JimLawyer
JimLawyer, Solicitor
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UK, The application fee for the N244 dated 5/5/21 was taken

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Hello Pearl,
JA: Where is this? It matters because laws vary by location.
Customer: UK
JA: What steps have been taken so far?
Customer: The application fee for the N244 dated 5/5/21 was taken on the 26th May 2021 and passed to the listings section for a hearing date as well as the fee being taken for the N245 on the same date which has been passed to the Bailiff section***@******.***
The N244 will be sent out once the matter has been listed for hearing.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Could you please tell me what does it mean?

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.

Many thanks,
Jim

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.

Best wishes,

Jim

Customer: replied 11 days ago.
Thank you Jim for your answer. Could you please specify my current position? I am a defendant in the case and I have applied to the court N245 and N244. Primarily, as the defendant, was experiencing a breach of my internet
securities during the time of repyiing request from the court. My home IP address and phone number have been compromised. My data (all important information) from the computer was missing, including missing files in iCloud and missing emails on my email box. In this caseI was unable to reply to the court with all evidence and the court has issues an order 20.02.2021. At that time I have been inform that the matter will be solve once I will submit N245. Which I did on 08.03.2021. Unfortunately, I was not aware to submit a court fees because I was not aware of the necessity. After 08.05.2021 I was having impression that the court is accessing the evidence and will inform about the next steps.
Customer: replied 11 days ago.
After 08.03.2021

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

Customer: replied 11 days ago.
At the end of April I have received a letter from an enforcement agency that I have to pay immediately the claim from the claimant. I was shocked and I have contact the court. At that time, I have received information that in order to process the application I need to sort out the court fees. Due to the fact that I am currently in financial hardship I have applied to wave the court fees and informed the enforcement agency that I am challenging the case in court with N245 on 05.05.2021. Unfortunately, the enforcement agency has visit my home on 25.05.2021 and informed that if I will not pay immediately they will execute the order on 28.05.2021. Despite the fact that I am waiting to receive help with the court fees approval (lengthy process), I have been forced to pay via credit card the court fees and I have applied for N244 to stop very disturbing events.
Customer: replied 11 days ago.
I have received from the court the message: "The application fee for the N244 dated 5/5/21 was taken on the 26th May 2021 and passed to the listings section for a hearing date as well as the fee being takenfor the N245 on the same date which has been passed to the Bailiff section***@******.***
The N244 will be sent out once the matter has been listed for hearing."

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

Customer: replied 11 days ago.
I would like to know the meaning behind in my given circumstance. Is the enforcement agency still able to execute the order from Feb 2021 or not?
Customer: replied 11 days ago.
Unfortunately, I am not in the position to make a call which can cost me £44 in this matter. However, I would appreciate an answer. Yes or No

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.

Customer: replied 11 days ago.
Thank you for your answer. I have sent them an email from the court (26.05.2021) that the matter is in the process but they have refused to accept this document and informed me that they are still entitle to execute. On 03.06.2021 the court's message was not clear for me. "The N244 will be sent out once the matter has been listed for hearing" means until the hearing date will not be in place in the system the enforcement agency can try to execute. Did I understand that right?
Customer: replied 11 days ago.
34;They should not take steps if you can show them a copy of your application though." Why the enforcement agency is still challenging? How long does it take to list the hearing?

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

Customer: replied 11 days ago.
Thank you for your answer. Unfortunately, the requested outstanding balance is out of my reach at the moment. The requested balance of payment from the claimant was unlawfully calculated and I was having the impression that once the judge will be able to see the evidence the matter can not escalate.

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)

Customer: replied 11 days ago.
The court has acknowledge 26.05.2021 the application from 05.05.2021. But in the court files the first time was 08.03.2021
Customer: replied 11 days ago.
Many thanks. I truly appreciate your help. have a lovely day

OK, thanks. The court will confirm the hearing date shortly but I recommend you give the a call.
And you too, many thanks.
Jim

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