I've heard back and thought the creditor didn't accept My offer the court has suspended the order as long as I pay £56 a month!

So double what I offered.

Can they just so that?

My I & E clearly showed I don't have that kind of money

Bumping for support please? What should I do now?

Who says the balance doesn't have Rop or charges that can be reclaimed

Hi

I was wondering if you have any ideas what my next step should be?

Many thanks

Have you queried why the court as set a figure that exceeds your I&E and you cant possibly afford to pay it ?

Hi, did you put anything other than essential expenditure on the form? i.e. cigarettes or hobbies etc ?

Have you queried why the court as set a figure that exceeds your I&E and you cant possibly afford to pay it ?

No I didn't want to speak to them until I'd had some advice. I was so shellshocked as it's double what we offered.

Hi, did you put anything other than essential expenditure on the form? i.e. cigarettes or hobbies etc ?

No we don't smoke, drink or do anything really so there was no overspending. Because there genuinely is no spare cash with a family of five.

No I didn't want to speak to them until I'd had some advice. I was so shellshocked as it's double what we offered.

Then ring them...we cant guess why its not in line with your income...only they can explain that.

Hi

So long story short -

Had a Vanquis credit card on which the credit limit just kept going up.

As we were on low incomes the debt gradually went up and up and we ended up owing about 3500.

Cabot took over the debt and began chasing,

eventually it seems Reston got it and the next thing we knew they had gotten a warrant of execution.

We managed to get that suspended by filing in whatever form it was.

We offered an amount per month but the court agreed a figure around 20 per month higher. Manageable or only just if I'm honest.

I was paying over the phone but a close relative was unexpectedly diagnosed seriously ill and subsequently died recently and I've missed a couple of payments because I was at the hospice endlessly and in a state. No excuse I know but there you go.

I had a letter from the court to say they will now execute the warrant and a bailiff will call.

I called Reston to explain and paid the missing payments over the phone. They say they would consider a repayment plan but now want a I and e form. Completed again before they will consider it.

I'm trying to pull the figures together ASAP but now I've had a letter from the court today saying a bailiff could call as early as tomorrow.

Please help.

Can I do anything?

I can just afford to pay the amount they got per month and will set up a direct debit but will they agree or is it too late?

Do I fill in the I and e form. Or are they just fishing for more cash

a Court bailiff will work with you

Thefre is no right of forced entry on civil debts

So if you wanted simply ignore them

Was the form an n245 variation order?

And why did you not defend the ccj?

Thank you for your reply.

I can't remember the number but it was to suspend the order and arrange a monthly plan. The court suspended the warrant and agreed the monthly figure. Although it was higher than I had asked for.

I didn't defend it because they had already obtained it by the time I found out about it.

old thread merged for history

let me read this all now and i'll pop back.

dx

Thank you so much

Then ring them...we cant guess why its not in line with your income...only they can explain that.

post 36

what happened here?

did you ring and ask?

Yes and I can't quite remember the wording but it was something like having reviewed our I and E Reston wanted it set at the higher amount and the court agreed. Which seemed stupid as we clearly have nothing left to offer and in fact since then our mortgage has gone u too. The court woman said if we didn't think it was acceptable we should tsk t Reston again. Great...

you need to fill that I&E out with EVERYTHING

inc you smoke and drink and all other expenses.

do it in writing only to restons.

keep everything then you can show the court if needs be restons are being unreasonable.

Hi......so there are no arrears at this stage and your back up to date.

I would consider writing to the court and informing them of the circumstances and that your mortgage has increased since you submitted your N245 which in your opinion and based on the I&E was still set too high at the time of application....dated xxxxx...subject to judgment dated xxxxx claim number xxxxxxxx

In your letter you can request a further variation in the rate of pay due to the above circumstances and that you request this pursuant to CPR 40.9A (2) and 40.9A (3b)

Inform the Court that the current payment is causing severe hardship even though you have managed to settle the 2 arrears and request that the Warrant is further suspended.(see the court reference number for warrant on the letter you have received)

Do this tomorrow and drop it into your local county court (or send to the court that issued Judgment/Warrant.)

Regards

Andy

For reference...CPR 40

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part40#40.9A

Thanks. I am just looking at their form online and it's horrendously invasive.

Way more than I think the court form was.

They want how many dependents I have (which doesn't take into account a child over 18 but in higher education so we still have them as dependents.

It also asks and this I really dislike how much our house was at purchase and now etc.

Can I refuse that?

I'm also struggling to price things like dentistry, hobbies. Stationery, house repairs, vet bills, hairdressing.

What on earth do people put as cost for those? Haircuts aren't a monthly thing for us and how can you budget for some of the others?

I'm so scared the bailiff will turn up tomorrow.

This is making me ill.

I expect to pay back the debt but they are asking way too much and will not she any compassion that I was late due to a bereavement.

I'm happy to set up a direct debit and pay off the debt but at a sensible amount as we are such low income.

Could I also ask for help composing the letter?

Would the following work -

Dear Sir/Madam

Reference:

Earlier this year we completed a N245 form and asked for a suspension of the warrant regarding the above claim.

We completed an income and expenditure form and offered to make a payment of £xx.xx per month, which we knew we could just about manage.

We were granted a suspension but at a high figure which we did query but were told it was down to Restons to agree if we required a lower amount.

At first we managed to pay the amount but in September our mortgage went up at the same time our benefits went down.

The drop in income is now making it harder for us to pay the higher amount.

I am writing to ask if it would be possible for the court to grant a further variation due to the above and return the amount to £xx. Xx per month which we believe is more manageable, pursuant to CPR40. 9A (2) and 40.9A(3b).

In addition we received news that a very close relative was terminally ill and due to having to nurse them and deal with their subsequent death we were behind on recent payments. Although we have now cleared all arrears Restons solicitors have been granted the removal of the suspension. We would ask the court to???

what are you scared about???

there is nothing the bailiff can do even if he did turn up

these are COURT bailiffs not like you might be getting confused about like you see on a certain TV program.

this is consumer debt.

letter looks acceptable to me

forget the I&E follow andy's advise.

Tell the court about your problems and ask for more time. Ring them and speak to one of their officers they are very helpful as a rule.

You need to add the dates and details of the judgment and warrant reference as per my previous post...I wouldn't include details of your relative..its of no concern to the court and they would treat it as an excuse and probably ask why you had not arranged secure payment previously ....(Standing Order...not DD).

There are no guarantees the letter will work and they may request you submit a further N245...but try the above without a fee first and direct it to the Court Case Manager.

You are requesting a variation in payment rate and that the new warrant be suspended further.

hows this going?