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Hi, can anybody help me with the following...

This morning i received a Notice of Issue of Warrant of Execution stating that unless i can pay £629.80 to United Utilities Water then bailiffs will seize my goods before the 14th December.

Prior to this i have had no correspondence with United Utils regarding any payments even though the notice i received states "you have not made payment under the judgment as you were ordered".

 

I'm currently unemployed and receiving Employment and Support Allowance for anxiety/agoraphobia so there really is no way i could get this amount of money.

 

Has anybody else had a similar problem? is there a way to make a payment agreement now?

 

Thanks in advance, and congrats on the best site on the internet.

Ben.

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Are you saying you have had no knowledge of this Judgment? Did you ever receive any previous communication from UU about them taking you to Court? Did you receive notice about the date of the hearing? Did you ever receive the documentation from the Court requiring you to acknowledge service of the documents?

 

If you answer no then you would be entitled to apply for Set Aside on the basis you received no documentation. At present you have a CCJ awarded against you, probably by default. You will need to get a copy of this from the Court and most important check what address everything has been sent to. As you are going to find it difficult to pay this Set Aside may not be the best way forward as you are still going to end up with a CCJ. It may be better to apply for a Variation Order & an order to Suspend the warrant. This can be done on Form N245 from HMCS website, there is a cost involved but if on Benefits you may not have to pay - see also Form EX160 for Fee Remission.

 

PT

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Thanks for your reply ploddertom,

No, this notice has been an absolute shocker to me. I feel like ive not even been given an option to pay in installments. ill get straight onto this N245 form, i dont want to sound stupid, but what exactly will this form do?

Thanks again.

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N245

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

 

EX160

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_web_1010.pdf

 

It will allow you to formulate an affordable payment. You have to supply I & E and a Judge may even make an Order allowing an Attachment of benefits for certain cases. I would advise if you do this take the papers to your local County Court on Monday morning and explain the urgency of the situation. I'll be back later as have to go to work.

 

PT

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Ok thanks PT, just filled in an printed off the forms. Ill have to get someone to take it in and explain due to my agoraphobia and (almost) depleted stock of diazepam:!:

ill post any news on the situation here, thanks again.

Ben.

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Ok thanks PT, just filled in an printed off the forms. Ill have to get someone to take it in and explain due to my agoraphobia and (almost) depleted stock of diazepam:!:

ill post any news on the situation here, thanks again.

Ben.

 

You MUST ensure that you make the bailiff company aware of your "vulnerability" immediately. You need to also advise them that you have applied to the court to set aside the Judgment.

 

Also, when completing the N244 to Set Aside the judgment you will see on the left hand side of the form it asks the question as to what order do you require. You need to tick the box to set aside the Judgment AND you must also ensure that you state as well that you want to STAY THE EXECUTION/PROCEEDINGS.

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