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caebrwyn

can we vary final Charging Order

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Not sure if this is the right forum for our query but hope someone can help.

 

We have had final charging orders (hearing 30th Jan 2009) placed on our home for a joint debt heard in the high court. one is a unilateral notice and one is a restriction. We have written to the claimant (who is an individual, not a company) and asked if we could pay £20 per week if he stops the interest on the money owed. (£8750) - currently at 8%. We are on full child etc tax credits and a very poor credit rating.

The claimant's solicitors have not responded and will probably not agree anyway, so we wish to apply to the court to force him to accept our offer on the condition that the interest is stopped.

The debt arose out of a libel case and we have been ordered to pay towards his costs.

 

Does anyone know whether we, as debtors can make such an application and would it have a hope, and would it be on a N245 form. which court would we apply to? (the final CO hearing was before a high court master)We are also court fee exempt

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Hi caebrwyn

 

You can still apply to pay in

instalments by using an application form N245.Apply to the Court who as dealt with the matter.

 

Regards

 

Andy


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Thanks.

can we use that form to ask that the interest be stopped as well?

As we are two defendants (husband and wife) do we have to fill in two seperate forms?

and do you know whether it be likely to involve a hearing or not as we keep having to travel from west wales to London each time? can we ask on the n245 form for the matter to be transferred nearer to us?

regards

caebrwyn

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Thanks.

can we use that form to ask that the interest be stopped as well?

As we are two defendants (husband and wife) do we have to fill in two seperate forms?

and do you know whether it be likely to involve a hearing or not as we keep having to travel from west wales to London each time? can we ask on the n245 form for the matter to be transferred nearer to us?

regards

caebrwyn

 

N245 Court Service Application

for Suspension of a Warrant

and/or Variation of an Order

 

As the full name of Form N245 implies (see above), it may be used to serve two functions; to temporarily suspend an existing warrant or to ask the court to amend or 'vary' a judgment in your favour. There are a number of circumstances in which you may use Form N245 to ask the court to amend or suspend a judgment:

  • If you have been ordered by the court to pay a creditor the full amount of an outstanding debt ('payment in full') but there is no way you can raise the cash to do so, you may apply to pay by instalments by using Form N245 to ask for a variation on the court order.
  • If you have been ordered by the court to pay a creditor by instalments more than you can reasonably afford each month, you can apply to have the payments reduced by completing Form N245 and ask for a variation on the order.
  • If your circumstances have changed since the County Court Judgment (CCJ) was issued and, for example, your income has been reduced, you may apply to the court to have your current financial situation reviewed and a variation made by completing Form N245.
  • If a bailiff is calling at your house to enforce a CCJ for an outstanding debt, but you will be able to pay the ordered amount within two or three weeks, you may use Form N245 to temporarily suspend the warrant and stop the bailiff seizing your assets while you make arrangements to raise the cash.

Note: If you cannot afford to pay anything at all toward the court order, you must not use Form N245. Instead you should complete Form N244 'Application Notice' and a separate court hearing will be scheduled in order hear your case.

It should also be noted that in order to register Form N245 you will be expected to pay a fee, which is currently (November 2008) £35. If you are on a very low income or receiving certain social security benefits, this fee may be reduced or waived entirely by completing Form EX160 'Application For a Fee Remission' and attaching it to your N245 application. HMCS have produced a booklet (EX326) which explains the circumstances in which Forms N244 and N245 should be used.

How to Obtain These Documents

 

All of the documents and forms mentioned above may be picked up at your local county court or downloaded from Her Majesty's Courts Service (HMCS) website. If you choose to download computerised versions, they are all PDF files so you will need a copy of Adobe Acrobat Reader in order to read them. The latest version of this software may be downloaded free from the Adobe website by clicking on the button to the top-left of this text. The documents themselves may be obtained by use of the following links:

  • Haha 1

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Hi, thanks again.I have looked at N245 form; would we be applying for a 'vary the instalment order', even though no instalment order is set up?

Would we give further reasons for the low instalments and the freezing of interest (ie low income and never ending length of time to pay if interest is accruing) on a seperate sheet?

As the claimant would be likely to oppose the application (especially regarding the interest) what would happen then?

Would we each fill in a form and each fill in a EX160?

(there are seperate charging orders for each of us but the £8750 is owed by both of us)

I have looked at CPR73 and Practice Directions but is still not clear.

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Getting a little urgent can anyone please clarify that;

1.The N245 form is the correct form for varying judgements made in the queens bench division of the high court, the claimant will not accept our offered instalments so we want the court to look at it

2. as the case is now with 'enforcement' rather than the queens bench division does anyone know where I should send the form

3. we are two defendants for one debt, there are now charging orders on our house, do we both have to fill in seperate n245 and ex160 forms

 

If anyone can help we'd be grateful

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I think that procedures might be different in the high court to the county court. Would I have to apply to the high court master who made the charging orders final or to a different department?

Would there likely to be a hearing?

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