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CCJ enforcement letter SCM/Lloyds TSB


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Hi there.

 

I am trying to help a friend sort out a problem & hoped I might get some advice.

 

He had a substantial debt,

which the bank obtained a CCJ for sometime ago.

 

Frustrating I know, but he does not know how much the judgement was for or what the payments should be & hasn't been sent any payment book etc

 

. I tried to find out more, but he just said he waited until he got a letter from the court & then paid it!

 

The situation now seems to be quite serious,

I have seen the letter that says they are going for a warrant of execution

& yesterday, he had a visiting card from a baliff whilst at work.

 

He is going to the court today to make a payment & I have told him he must ask for details of the original judgement & we can take it from there.

 

At the moment they seem to be asking for arrears of over £2000 to be paid within 7 days. Impossible of course.

 

A couple of questions.

Will the local court be able to provide him with details of the judgement?

 

He is able to make reasonable payments towards the debt.

Should he contact SCM to arrange this, or go straight back to the court for a variation order, assuming that the payments must be pretty high for that level of arrears to accrue?

Thanks in anticipation

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he needs to find out from the court what the amount to be paid and th frequency is, and he then needs to stick to it or the bailiffs will appear

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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  • 2 weeks later...

Hi Folks. I need to arrange for an N245 for my friend who is in arrears on a CCJ & is receiving a summons every month. He can afford the repayment (just), but was advised by the banks solicitors, that it would be best for himt to send in an N245, to "reset" the case, so that he wasn't getting the summons every month.

I have been onto the HMCS website & their is a form on there, but you can't actually fill it in & submit online.

The case is dealt with at the bulk court in Northampton.

A couple of questions. Can I get the form for him, from the local court & submit it there, or do I need to get the form & post it to Northampton?

Would it be best to apply to vary the order to a slightly lower amount? As I said he can afford the payment, but it seems the form only really deals with a variation to the monthly payment.

Any help aprreciated.

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You can complete an N245 form to apply to reduce the instalment amount and send this to the court. Your application will then be considered. You must pay a £35.00 fee. The cheque or postal orders should be made payable to HMCS. If you are on benefit or cannot afford to pay the fee you may complete the EX160 form, Fee Remission form.

 

Don't forget to do an income and expenditure form for your friend, it will help the judge decide how much your friend can afford.

 

The form is here:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n245_0204.pdf

 

The income and expenditure spreadsheet is here:

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=17158&d=1268687658

Edited by ukaviator

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

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  • 2 months later...

Hi all just after advice for a mate about trying to get an N245 form filled out properly.

 

He failed to make payments on a CCJ & now repeatedly gets issued with warrants, which he pays.

Sadly this isn't doing anything to pay off the debt.

 

I've now got him a payment book & he has started paying them.

I've got an N245 form to get the warrant suspended, as the creditor advised they would keep going out automatically as there are large arrears.

 

Question is,

do I need to get him to send a covering letter with the form?

He can afford the payments, so is only asking for a suspension & there is nowhere on the form for any explanation.

 

Apart from that the form is quite straightforward.

Any advice appreciated

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  • 8 months later...
  • 4 years later...

Looking for advice for a friend.

 

He has recently been placed on ESA support group.

He has a CCJ which he has been paying for some years whilst working of £120 per moth, there is just over £2,000 still owing.

 

 

Now that his future is more or less settled as not being able to work,

I would like to be help him to reduce this monthly payment.

 

 

I realise that with his income now at £109 per week he would be able to get a reduction.

However, he has about £5,000 in savings, left from redundancy & obviously when he was working.

I know he could pay the balance, but he is anxious to hold on to as much capital as possible, to help over the next few years.

 

If he applies to have the payment reduced,

would it be likely to be rejected by the court due to his savings?

 

Any advice appreciated.

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does he pay the court or the creditor? He nay be able to negotiate a full and final settlement if hes been paying for some years

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

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whats the debt all about?

what was the original debt /creditor

who got the CCJ

and when.

was it contested

defence filed?

 

 

much more info needed.

 

 

dx

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the replies. The CCJ is with the original creditor (Lloyds) & there is no dispute over the debt. It really is a simple matter of whether the court will take his savings into account when assessing if the payments can be lowered. He is of course in a position to clear the debt, but facing the rest of his life on benefits, he's anxious to hold on to every penny he can for future unforeseen & exceptional events.

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Has he applied for benefits yet?

 

I sold my house after divorce last year and when it came to benefits i had to show them accounts of everything i'd spent the proceeds on since the sale.

 

i think the threshold for savings is 6k but it nay have been lowered, im not 100% sure, what i do know is when they were checking mine, they were looking to make sure i hadnt simply blown it on wine women and song to get below the threshold

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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