I'm afraid that there is nothing to stop them from making an attachment of earnings applicatio as at the end of the day you have a judgment against you and you owe them money! They do not have to accept your offer of £5 per month especially if it is a large debt. Try and increase your payment offer. If the do make the application try and get the attachment order suspended so it is not made a full order.

vv From my experience it really is that simple. The Court of Appeal gave useful guidance on the exercise of judicial discretion and the power to order judgment by instalments as contained in section 71 of the County Courts Act 1984 at paragraph 17 of its decision in Alliance and Leicester v Slayford Times, December 19, 2000: “[N]o Judge could properly exercise the power conferred by section 71 of the County Courts Act 1984 to make an order for payment of a money judgment by instalments which it was known would not satisfy the judgment within the lifetime of the debtor or indeed within a reasonable time.”

The Claimant won't be able to get a charging order there and then but they may be granted leave to apply for one. "Forthwith" simply means immediately, ie when a judgment is not granted by installments. A forthwith judgment MAY be granted if the debt would take an unreasonable length of time to repay at the current rate or if the debt won't be satisfied within the debtors lifetime.

It is sounds like a Writ of Fifa to me, the High Court Enforcement Officers are like bailiffs and can taken possession of your goods and sell them on etc. You could either try to appeal the original judgment or just pay them. YOu could offer installments that you could manage if you can't afford the whole lot in one go...

I forgot to add, the Claimant may request that the installments remain at their current rate and they be granted leave to apply for a CO alongside the current installment rate. It is more thatn like the CO will come up at the hearing as the DJ will probably at the Claimant their intentions for after the redetermination. Good luck.

They will either ask for a forthwith judgment or a variation to a higher installment rate. It sounds like they'll go for the former and the make a seperate application on another day for a charging order. Don't worry you are a long, long way from repossession.

I doubt this would go any further than a suspended possession order considering the children.

CPR 31.16 is for disclosure before a claim is issued and as an OFS is the enforcement of a CO, which is i turn enforcement of a CCJ, it does not apply. 31.16 doesn't really apply to debt claims either, it's mainly for PI etc... Failure to comply with the CPR will have costs penalties but not prevent action being taken.

Hi, The fact the the house is in joint names will make no difference to the CO application other that it can only be registered against the debtor's beneficial interest, so essentially the debt would be attached the one partners 50% share of the property. If you want to set aside the CCJ then you will need to try and do it before the CO hearing as the DJ will not go behind the original judgment at the CO hearing. Cood luck.

Thanks. When was the course offered to you? I'd happily take the course over the points. Will it be once I write back and confirm that I was the driver?

Thanks guys. Might just accept it though.

No, it's similar to a Consent Order so prevents a CCJ being entered and basically stays the claim on certain terms.

They can apply for a C/O only if they have a valid CCJ first but it sounds like there isn't even a CCJ in place yet. I would provide them with the info they request and try to get a suspended judgment or Tomlin Order if they'll agree to it so you don't get the CCJ. It doesn't matter how much your I&E states you have left at the end of the month I'm afraid, the Claimant can still request judgment forthwith and it would be for the courts to decide on the rate of payment. You cannot stop the C/O application being made so it would be for the DJ to decide at the hearing.

There are no signs on the side of the road I was travelling on. I might be wrong about the other side being 40 though, haven't checked...

Hi all I'm new here and looking for some help please. I was caught by a fix camera doing 37 in a 30mph zone. I got my letter about the 3 points and £60 fine. The road is apparently a 30 but I thought it was 40mph! The road is the A49 Winwick Road in warrington outside the large Tesco store. The road is not a residential area but does have lamposts along the side of the road. The road appears to be a dual carriageway with 2 lanes in each direction (no central reservation though). I have backtracked and there are no signs advising of the speed limit a the start of the road and no signs warning of the camera (I knew it was there though.) . On the other side of the road the limit is 40mph and about 100 yards along the same road there is a sign statng the road is a 40 but nothing where I was caught. Does anyone think I have a decent chance of challenging the ticket at court? Thanks a lot in advance for your help.

Just thought i'd say hi.