Judgement forthwith which form

[hammyhound]

I wish to apply for an instalment order as I cannot pay the total amount immediately. Do I use N245 or N244. N245 is easy but this to me looks like I am applying to reduce an instalment order which in my case one has not even been determined.

 

HH

[rebel11]

Hi Hammy

 

I'm fairly sure it's N245 as per link, best to wait for confirmation from an expert on here.

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=486

[Ganymede]

I wish to apply for an instalment order as I cannot pay the total amount immediately. Do I use N245 or N244. N245 is easy but this to me looks like I am applying to reduce an instalment order which in my case one has not even been determined.

 

HH

 

 

It will be an N244 application notice.

 

When did you get the forthwith judgment?

 

You need to apply for re-determination under CPR 14.13 below...

 

 

Right of re-determination

 

14.13

 

(1) Where –

(a) a court officer has determined the time and rate of payment under rule 14.11; or

 

(b) a judge has determined the time and rate of payment under rule 14.12 without a hearing,

 

either party may apply for the decision to be re-determined by a judge.

 

(2) An application for re-determination must be made within 14 days after service of the determination on the applicant.

 

(3) Where an application for re-determination is made, the proceedings must be transferred to the defendant’s home court if –

(a) the only claim (apart from a claim for interest or costs) is for a specified amount of money;

 

(b) the defendant is an individual;

 

© the claim has not been transferred to another defendant’s home court under rule 13.4 (application to set aside(GL) or vary default judgment – procedure) or rule 26.2 (automatic transfer);

 

(d) the claim was not started in the defendant’s home court; and

 

(e) the claim was not started in a specialist list.

 

(Rule 2.3 explains which court is a defendant’s home court)

[AndyOrch]

N245 Hammy Ignore the above.

 

Regards

 

Andy

[hammyhound]

The order doesn't say forthwith but best be safe than sorry.

 

N245 on its way to the court.

 

Thanks

 

HH

[Ganymede]

N245 Hammy Ignore the above.

 

Regards

 

Andy

 

 

 

Why would it be an N245 if there is a forthwith judgment and no instalment order is in place?

 

It probably won't make much difference either way as the court will get what the OP means.

 

The OP can apply to re-determine the judgment to £XX.XX per month for free on form N244 if it meets the criteria in CPR 14.13.

[hammyhound]

My principles account has been in dispute for nearly 2 1/2 years as GE Money then Santander could not produce my agreement. It was passed through various DCAs before landing on Lowell's doorstep who said they had bought the debt.

 

I today receive a letter from them in reply to my "sorry in dispute letter".

 

We have today contacted our clients about this matter and would hope to receive further information but in the meantime your account is now closed and passed back to them. What clients, they are now the creditor. They obviously bought the debt, I receive a notice of assignment from Santander, saw my letter showing all the DCAs and "thought bloody hell not a chance here".

 

HH

[silverfox1961]

I think it's becoming more and more clear that DCA's are buying debts on a "sale or return" basis. If they buy a debt they cannot collect on (account in dispute) they have the right to pass the account back to the original creditor.

Just my thinking of course

[rhos123]

I think it's becoming more and more clear that DCA's are buying debts on a "sale or return" basis. If they buy a debt they cannot collect on (account in dispute) they have the right to pass the account back to the original creditor.

Just my thinking of course

 

no doubt the o/c 's will soon be offering a bogof offer to these DCA's. more fool them!

[Bazooka Boo]

Lowlifes are up for sale so they are obviously trying to shelve their cannon ball accounts before they get bought out, god I 'kin hate lowlifes...

[rhos123]

Lowlifes are up for sale so they are obviously trying to shelve their cannon ball accounts before they get bought out, god I 'kin hate lowlifes...

 

ah it seems that thier gun powder is indeed running low!

[unclebulgaria67]

Perhaps they buy the debt and not the actual account. I think this is something the OFT should look into, as it can be quite confusing to the person receiving these letters, what role the DCA is playing. This is important as it would inform the debtor about the rights that the DCA has in regard to enforcement of the debt.

[rhos123]

if they buy the debt then i presume its the hook line and sinker

[craigers]

lowell bought my egg account. i told them it was unenforceable. they tried to refer account back to egg. egg refused. lowell threw in the towel and account now closed and default removed. its so so satisfying.