bobalott
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Everything posted by bobalott
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Thanks, will see what it says.
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Hi all sorry I haven't posted in a while, been busy and stressed! Husband had the n244 hearing today and he can't quite recall the exact wording but the writ was stayed and the claimants awarded £1 per month token payments so good news. However we didn't get the n245 in until a week ago due to finances and awaiting cb evidence. It came back to us today with a slight error on the ex160 that is easily recified. Do we still need to submit the n245 though if the judge today has ruled £1 a month payments?
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Thanks. Yes we informed the hceo of the stay. So we really can't just take the n245 to the local court? I've read on lots of (less reliable) sites to take it to a local court? It will be sent 1st class recorded in the morning to northants in that case. To claim fees back from northants if we are posting the n245, do we have to go in person? We got the suspension of writ letter today and a confirmed court date. I'm assuming I need to take time off work for it as they won't want a 3 yr old disrupting the hearing! thanks again for everyone's help
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Updated in previous post and getting stressed again
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Sorry I haven't been back on, busy sorting stuff / working and sleeping after 3 nights of no sleep! I have a few more questions and I apologize for my wittering on in advance! 1. Most importantly, what happens now with the stay of execution? OH rang the court late yesterday and was told the writ had been stayed, details would be in the post and there would be a hearing around the 16th september. What does the hearing entail? Is the HCEO still likely to visit until they get the paper work? We have remained vigilant anyway but the closed windows are getting stifling! Can the creditor apply again for a writ of fifa and how soon? We are about to submit an N245 but see my next points. 2. At the court OH was told that evidence for our EX160 was unacceptable because he didn't have my august pay slip (I now have it), bank statements didn't include current month (I'll print them off from the internet) and we don't have a current child benefit award notice. Child benefit send notices when a child is born and not again, which I have confirmed online and by phone. The rely on housing benefit claims etc to be accepted by bank statement but it seems the court won't - is this normal? CB have promised I can have a letter proving the current amount but it could take up to 2 weeks. Of course we could just pay the fees for the N245 (we already paid them for N244 obviously) but the reason we are in this mess is because we are skint! Is it urgent to get the N245 in or could we wait? Or try again with just bank statements hoping it was a clerk who didn't know better? Incidentally OH also showed a current housing benefit notice that also detailed our child benefit payments, and various other paperwork from the child benefit office, the only thing we are missing is the latest award notice I got when my son was born 3.5 years ago. The clerk insisted we need something from this year 3. I'm reading conflicting advice about where to send / take the N245. Now we have the stay of execution could we not just use the local court again to physically take the form in rather than drive to northampton? Obviously we could post it to Northampton but I don't trust the mail much and if by any chance the CB letter arrives soon we would rather take it with EX160 and also claim back the fees from the N244. This relates back to question 1 - how long should we wait? Sorry I know I'm a pest but thanks again to everyone who has helped - it was nice to be able to get some sleep now but obviously I realise this isn't over yet
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Well I was worried about the car but the writ has been stayed! thanks everyone who helped, we are utterly relieved. I have a few more problems I need to query re the ex160 and n245 but busy with kids tea etc for now so will pop back later. Thanks again from one very happy and relieved mum!
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Do I need to write the form N244 out 3 times or will a photocopy be okay? Husband can sign each one separately if need be obviously.
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We ceased trading in september 2011. The CCJ is from May this year, but husband took out the rental agreement in just his name. We are currently preparing (and saving) to dissolve the partnership via bankruptcy. It was just the two of us and we had no formal agreement regarding debt. We are married and treat each others debts and income as joint.
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We were a partnership so I assume any business debts are classed as personal debt
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Thank you! I think the stress is getting to me!
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Thank you. I'm just gathering all the evidence for the fee remission, got everything but the child benefit statement. Hopefully that will turn up or we will have to use bank ststements / housing benefit statement to prove it. I'm still not sure what to put on the N244
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Also I'm still unsure whether we can do this at our local court but I guess they will tell us if it's possible if we phone?
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Stay of execution. the hceo fees are just under £900 on a £2900 approx ccj. I'm really worried about the garage.It's not technically connected to the house but to the conservatory. There is a door between the two but we have never had a key so I'll go and buy a new lock tomorrow. Would that count as a separate building? Our 2nd car is in there but hopefully it will go to a friends tomorrow. If they break in there can they then break into the house through the connecting door?
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Is there a template anywhere of what to put on the N244 - I don't have a clue what to do, hopefully I can fill it in tonight after the kids have gone to bed.
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this is the letter I've just realised it says they will come up until 10pm - is that right? I have children who will be in bed!
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Ok sorry will do that now.
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Done, thanks My husband has confirmed that the letter was hand delivered. I've read somewhere that the N244 might have to go to the original court. We live in Derby, does anyone know if it's likely we can do it at Derby court?
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None of our other ccj's have been enforced by bailiffs or hceo and we have never had any of our goods seized. We did many many years ago have a bailiff visit for unpaid business rates. They did a walking possession order but we paid the rates the next day. the hceo came while we were out so we didn't see him or her. I assume the letter was hand delivered but didn't see it as my husband hid it so I didn't get upset. I then came to my mums for the weekend (still away now) and he rang me about the letter. I'm awaiting his reply on whether or not it was hand delivered. The letter does not say form 55. There is the ccj reference number on it and another longer ref number but no mention of a writ reference number. It does say which court it was transferred from. There is the name of who visited and another name.
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My husband rented the unit knowing the poor state (he was desperate it's a long story) He kept asking for repairs and then left the unit whilst still owing rent, so he would have no defence. We know he is in the wrong but we had no choice at the time as our house had just been repossessed and we were in a big mess. Hence his admission to the debt and willing to pay something towards it.
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Thank you so much! I don't think the letter had a form number on it (I am not at home but husband sent me a photo of the letter) is that relevant? There is also info on the reference number or anything for the writ of fifa? Is the bailiff not being on the register insignificant? Thank you everyone for your replies and help
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OK thanks. I'm still not sure which court to go to - our local one or northampton?
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It does appear at the old address. The creditor is the owner of an industrial unit we rented. We left because it was in a terrible state - holes in roof etc. We were originally going to contest the debt but then heard nothing for years and kind of forgot about it amongst all our other debts. We are hoping to go bankrupt in the near future when we have raised the fees! I will have a look at stay of execution. Could we do that as well as a set aside? We don't care about getting another ccj as long as we can pay in installments until the time we can go bankrupt.
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Thank you. I looked at that but it talks about filing a defense. We don't want to defend as we are willing to pay in installments (as much as we can afford). I guess I can put that on the form instead? Which court do I take it to? Thanks.
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My husband received a letter saying that he had a ccj back in may that we didn't know about. We don't dispute the debt, we have had a lot of difficulties recently and have other ccj's that we pay £1 a month to. If we had received the court notice we would have asked to pay the debt in installments like our other debts. I can only assume the court letter went to our old address (we left 5 years ago) where we were when the debt first became a problem. However the creditors, dca and solicitors etc have been communicating to us at our current address. Yesterday an HCEO left a note while we were out stating intention to seize goods. It is one of the ones that starts TAKE FORMAL NOTICE. We have until 3rd september to find £3000+ which is obviously impossible. I have been looking into submitting a N244 form and have spent all last night and today researching and stressing. We have children aged 8 and 3 and we really don't want to be locking all the doors and windows, plus explaining to the children why we are ignoring the doorbell but I guess needs must. So far the HCEO hasn't come back. I have a couple of questions if anyone could help. 1. Is the HCEO likely to come back before 3rd Sept? 2. Can they take my car if the CCJ is for my husband (car is in my name)? 3. If we go down the N244 application what do I put on it, and can we take it to a local court? Does it have to be a high court? 4. I looked up the bailiff on the register linked on here but could not find the name, though did find the company (high court enforcement group) Is the register accurate? 5. I have found the ccj court reference on my husbands credit report but is this what I would refer to on any applications etc as I don't have any reference details for the writ of fifa etc? 6. Clutching at straws but is it possible this is just a scare tactic and they actually have a writ of fifa? Thanks in advance
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OK I have rung the solicitors and again they say they have not received my special delivery letter with the copy of the receipt in! However they have received this months payment sent in the same envelope??? The lady I spoke to was actually very understanding and nice, she assures me she will let me know what will happen next when she does get the recepit - she thinks it is likely they will apply to the court again for higher payments than I suggested etc but it all sounds a bit vague..... I will wait a few days and ring again, but the court specifically told me it is not up to me to set it aside - I am so confused.
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