Helping a friend who has received a warrant of execution today from their local county court re a small claims case where they were the defendants (small business partnership - issued under company trading name). The decision was ruled in the claimants favour (rightly so) and instead of dealing with it last year, they did the ostrich impression. They do not dispute the amount and now they have a couple of days to repsond.

My thoughts are to advise them to complete a form N245 to apply to repay in instalments - it could be paid in full but they are a small business and it would cause them some considerable hardship to find it all in one go. They are thinking of repaying in two-weekly instalments over a period of 2 months. which I personally thought was quite reasonable.

Is the above advice correct? Do they have to approach the bailiffs direct (they are the court ones, not a private company fortunately) or can they deal directlywith the claimant, and copy in the bailiffs? (Payment options would be easier).

They're going to contact the bailiffs tomorrow morning, but I said I'd ask here first.

Many thanks, K

Hello again KJD,

If you're friend has every intention of paying contact bailiffs direct and straight away, you know they like to charge for everything:mad:

If its for a large amount then they will probably want to do a walkin possetion before agreeing to installments.

This is only what i've picked up from cag myself though

Hi there, you can download the N245 here Her Majesty's Courts Service - Home. Select Forms and Guidance from the menu on the left hand side and enter N245 in the box. You can then go to the page to download the form. There is a fee of £35.00 when you put the application in at court.

If they complete the form tonight or tmorrow morning they can deliver it by hand to the local court where the bailiffs operate from. No further action by the bailiffs can take place while the N245 is at court awaiting consideration. If they intend to repay over two months they should have no trouble getting the judge to agree. There is no hearing to attend, the form will go in front of the judge, probably in the next week or so, and then the decision will be posted to them.

Hope this helps.

Ell-enn

Hi Chris - good to see you again!

And hi Ell-en.. (I see you've been getting even more great results recently )

Thanks so much for your replies. Have sent that link to friend and given them a verbal 'kick up the proverbial'. I've even offered to drive them down to the court in the morning and walk them to the desk!

However I know what their next question will be... on the form it asks about employment details and then details of finances. How do they fill that in if the warrant is issued under the company name (partnership with a trading address)?

K

hmmm, I would say the income is the income from the business on a monthly basis - and the expenditure is what they have to pay out in bills for the business each month. Might be a good idea to ring the court first thing in the morning and ask - the staff are usually very helpful.

Ell-enn

Thanks again Ell-enn. I'll get them to do that.

K

Ok, so with much trepidation, they called the court this morning. The number took them straight through to the bailiff office . However, the chap they spoke to, who is the bailiff dealing with their case, was extremely nice. He told them not to bother with a N245 as it would cost them more money. He was happy to accept a cheque for just under a quarter of the total to be sent out in the post today (I've recommended they deliver it in person tho) and the same figure in two weeks time, etc. He said that as long as it doesn't bounce, he is happy with that arrangement. He will not add any costs to the total and does not need to levy.

Okay, so fundamental rule broken (ie speaking to them on the phone) so I'm going to help friend to draw up a letter with full 'transcript' of conversation to accompany first cheque.

But friend will be able to sleep tonight (got several texts in to the wee hours from them!) and everything can eventually go back to normal.

I know their experience is different from those dealing with bailiffs for council tax arrears etc, but hope this might help others.

You could file a n244 to have the warrant suspended and also anapplication to have the original judgement set aside. You ewill have to have a very good reason. If the set aside is refused you can then ask the court to allow instalments.

If they have come to an arrangement with the bailiffs to pay the warrant, and there are no good reasons to have the CCJ set aside, (given the fact that they didn't respond to the original claim) then I think they have got a reasonable deal without any further expense.

I think we just have to be realistic sometimes:)

Ell

I think you're right, Ell-enn. There are no real grounds for getting it set aside - don't think judges will accept 'I was being an ostrich' as a reasonable excuse. Isn't hindsight a wonderful thing?!

I've tried to stress to friend how seriously they must stick to the arrangement (have pointed them to this site and in particular this section to scare them in to it if nothing else!), and have made a note in my own diary of the dates the cheques must go out.

In this climate, I think they're going to come out of this fairly unscathed.

Nice to know what I said about genuine county court bailiffs (in Detained by Police For Unpaid PCN) just yesterday proved to be correct. It just goes to show that those who do have authority are always far more reasonable than those that have little or none but who have to work on commissions for a living.

This story looks as if it will be resolved peacefully and sensibly.

They're lucky to have you as a freind

KJD, if you rang the court and ended up at the bailiff's office then bailiff is a County Court bailiff on a salary and not a certified (self-employed) bailiff on commission.

County Court bailiffs are several degrees more reasonable then certified bailiffs.

I would still get the agreement to repay in stages in writing.

That's what I thought too.

The cheque and letter to bailiff in one envelope, plus a copy of the letter to the bailiff (named) in a separate envleope both being delivered by hand to the courts this today - the first to the general office as instructed by the bailiff on the phone and the second direct to the bailiff's office. Friend has asked for confirmation of the agreement to be sent to them.

It does give you a bit of hope when the bailiff has been so agreeable on this occasion. Mind you, I expect he may be quite relieved this one has been sorted - imagine how many he'll be dealing with which aren't so forthcoming?!

Thanks again for everyone's support

In the main I have to agree that County Court Bailiffs are helpful and fairly reasonable to deal with. However, I had to help an employee of ours who was being scared stiff by a little Hitler from our local CC!!

He would turn up at her house banging (not knocking) on her door at between 6 and 7 o'clock in the morning, when she didn't answer the door he would bang on the front windows (scaring the old lady next door so much she needed a doctor to be called later) and then stood in the middle of the front lawn looking up at her bedroom window. All this was obviously done to cause maximum embarrasment and stress.

Found out later the little g*t was new to the job (suspect background as private bailiff! or henpecked somewhere else and now pushing his chest out with importance at his new "powers"). A stiff letter to the court from myself being the lady's employer and finding her distressed and unable to work kept him at bay until she could get payment made.

Made me mad that did:mad: