County Court Warrant - N245?

[KJD]

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

[KJD]

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

[KJD]

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

 

K

[KJD]

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.

[KJD]

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.

[KJD]

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