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POPPY1509

urgent help re court needed

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Hi,

 

Need urgent help. My partner went bankrupt last year, and due to this I am now being chased for outstanding school fees of £5000. Due to the stresses of finances we split, and i'm now on benefits.

I was chased earlier this year for the 5k. I burried my head in the sand and they got a ccj against me and took it to high court enforcement, and a bailiff arrived. Only then I realised I had to do something about this. I aplied to the the court to challenge the ruling and it was put back to county court. I have hearing coming up but now having seen the evidence against me, i'm certain of the ruling going against me. I'm terrified of the bailoff coming back as he was really nasty to me. I initailly put forms into court to go not guilty on case, but realising now that its likely to be ruled against me, is the anything i can do to get a monthly payment ruling, ie what I can afford per month. I cannnot afford 5k but can offer a small amount each month. If so what do i do and is it likely to be accepted as i'm now benefits now until I get on my feet again..

Any advice very apprec as feel so low and worried

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Depends on your financial situation, which the court will review.

 

If you own property, perhaps the choice may be to put a charging order in place.

 

See if you can receive legal help by phoning community legal.

 

Community Legal Advice - free legal advice for residents of England and Wales, paid for by legal aid


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Hi, thanks for reply. I do not own any property and am on benefits now. Can I change my plead to agreeing I am guilty , but is there any forms I can put in for income and expenditure. As i'm on benefits, what sort of monthy payment would the court accept on 5k.

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Get some legal advice about this and then you will know you are on the right path. If you are on benefits, with no assets, the legal advice may be free. The reason I suggest legal advice, is that a solicitor may spot something which may be very helpful to you, which would be difficult to get at on a public forum.

 

The courts will look at your income and expenditure, to set a payment amount. You should have received some paperwork from the court asking you for this information.


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is it worth me writing to the court and also doing an n245 expenditure form?

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Speak to the court about this, to find out the procedure. Then atleast you will know you are following what they tell you.


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i have been told that if i offer too low an amount the court will not accept this. I have a relative who is willing to give me up to £400 per month to pay back. Will the court accept a figure of 400 as pays it back in 12 months.

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also will i be expected to pay the costs on the other side?

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also will i be expected to pay the costs on the other side?

 

Yes you could liable to some costs. Have no idea whether the payments you offer would be acceptable.

 

You would be better to go back to the court, with details of your current financial circumstances and they will set the repayment amount. This will be based on what you can afford to repay. The court would not expect you to find money from a relative, as you have no certainty that the relative would maintain paying you this money.

 

The court has a process for looking again at the level of payments. I am trying to think what they call this. I know you have to write to them with details of your financial circumstances and then they will look to try to come to an agreement with you.


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