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Variation Order Merry Go Round


johneem0607
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My good lady had a CCJ and through this great forum we managed to get a VO for £4 P/month, great until she missed a few payments.

 

Another Order came through and we sent off the varation paperwork but this time a letter came back from the court asking her to attend a hearing in 3 weeks.

 

The missed payments coincided with her dads death through cancer and she has been through hell this year.

 

I wondered if there are ways to postpone/cancel the hearing and get Black Horse to agree terms without the polava of a court hearing.

 

Thanks alot for any advice.

J

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Hi J,

 

The reason you're being asked to attend the hearing is probably that they want to be sure you are honestly dealing with the debt. It might be helpful if you could give a little more information here:

What does the new order say?

How many payments did she make before she started missing them?

How many did she miss?

Have you been in contact with BH to explain the missed payments?

 

Unless you can come to an agreement for a variation by consent with BH it strikes me as unlikely that you'll be able to avoid the hearing (although you may be able to get it adjourned if you can persuade them you have a good reason). My advice would be to get on to BH, apologise for missing payments, explain the situation, and commit to making the future payments; and ask them to agree to the variation you propose.

 

Having said all that, the situation could be very different depending on your answers to the questions above.

 

Hope that helps.

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A bit more information:

The new order is a Notice of hearing

Upon the claimant not accepting the Defendants offer of payment

HEARING TIME: 19th October (cannot attend)

N.B. The defendant must bring documentation in relation to income

Missed about 10 months of payments

Been in touch with BH's solicitors who don't want to know

Not been in touch with BH is this still a viable option

 

thanks for your help.

 

ps need to get the date ajourned as we dont have our accounts back from the accountant! so we don't know how much we can offer them.

 

thanks again

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