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Applying for variation help please


summer30
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My husband didnt receive a CCJ court form due to us moving home, they company were very quick and we received a judgement letter (forwarded so their date 30th July we received 9th August)

 

He rang the court they told him to fill in a N244

 

we decided that a variation request would be best as he aknowledges the debt even though the company have been refusing payment offers since december 2007.

 

We have a wodge of letters from them refusing to provide S.A.R - (Subject Access Request), also refusing payment even when an SOA has been sent etc

 

My question is what do we actually send in ?

 

I have an N244

 

we have written in Q3> to apply to vary the order, because i did not receive court papers. I have also recently lost my job and cannot afford to pay the full amount.

 

then the next bit that confuses me is Q10.

 

I dont know if its witness statment or statement of case

 

he will be including the letters from the company, a written letter from himself stating he wants to pay but did not get the claim forms, also that he has paid token payments to the company which they have not acknowledged. And lastly we are hoping to get a letter from his last employer to state his contract was terminated early.

 

We will be including the fee of £75, we hoped because he lost his job we would get this waived however he is only just in the process of claiming JSA and also has had some arrears in pay which we have been living off and it looks like he wont qualify because he last 3 months statements look healthy.

 

Lastly the form N294 to apply for the variation.

 

Can anyone tell me if we are on the right track and if we need to fill in any more forms?

 

Obviously time is of the essence, the court said they were about to issue the warrant so we need to get this off asap.

 

 

Also how likely is it we will get a variation? Ive read on here that set asides are very rare is it the same for a variation?

 

thanks in advance and I hope this makes sense.

Edited by summer30
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NOTES FOR DEFENDANTS

 

 

"If you did not reply to the claim form and believe that judgement has been entered wrongly in default, you may apply to the court office giving reasons why the judgement should be set aside."

 

 

THIS IS WHAT YOU SHOULD BE DOING NOW!!!!!!!!

 

 

FOR GODS SAKE DO IT!!!!!!!

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