Brian Carter/Arrow Global county court Summons - old MBNA C/card

[eggy12]

have you attached a draft of the order you are applying for ?

 

How do you want to have this application dealt with... At a hearing ?

 

how long... 20 mins ?

 

level of judge ?

 

who should be served.. The claimant

 

what information will you be relying on.. witness statement, statement of case , or evidence set out in box below ?

[eggy12]

What order are you asking for;

 

Redetermination to an instalment order.

The defendant asks the court to order monthly payments of 1 pound per month as shown in attached I&E sheet showing disposable income.

The Defendant feels it would be unfair to other creditors who have agreed to 1 pound per month to pay the claimant more.

The Defendant is willing to update his I&E on a 6 monthly basis and any extra disposable income be spread equally to all creditors. No reply was given after sending I&E to Claimant

 

This is the best I can come up with... But im with no knowledge !

 

Eggy

[Guest]

eggy

 

to clarify;

you sent in a written admission, but did not request time to pay eg by instalments?

so, a 'forthwith' 'default' judgement was entered?

 

as it is a forthwith, a 'redetermination' is n/a. i think you may need to apply for an 'instalment order' (variation) rather than an actual redetermination. (a redetermination is re asking the court to 'redetermine' the time and rate of payment that has already been set (ie not a forthwith))

imo

Edited August 22, 2011 by Ford
typo

[eggy12]

ok thanks for that.. Will alter the form after work today and get it in asap

 

Eggy

[Guest]

for reference

 

also. in general. if a 'redetermination' is actually in issue, then such a request can be done by letter with reasons/proposal and a budget sheet (no n244/form needed). and, a redetermination is n/a re a forthwith judgement.

 

imo

Edited August 24, 2011 by Ford
typo

[eggy12]

Ok latest update...

 

Sent off n244 requesting instalment order;

 

Letter from court

 

Your application has been referred to the district Judge who directs that you need to make

an application to vary using the enclosed form (n245) and pay the relevant fee of £40..

 

I can fill out most of form but the first part

 

" I cannot pay the amount ordered and

 

I wish to apply for

 

suspension of the warrant

and/or

a reduction in the instalment order "

 

 

What one do i choose here ?

 

 

Thanks and best regards

Eggy

[citizenB]

hmmm, might be worth sending andyorch a pm.. I didnt think you had to pay for a redetermination request ??

[Guest]

.. I didnt think you had to pay for a redetermination request ??

 

as have previously posted, a 'redetermination' is n/a re a forthwith judgement!

imo

Edited September 1, 2011 by Ford

[eggy12]

If this letter had come 2 weeks ago i could have got away with the £40 as was unemployed lol... As Ford says its not a redetermination.. Trying to get an instalment order in place

 

Eggy

[citizenB]

If this letter had come 2 weeks ago i could have got away with the £40 as was unemployed lol... As Ford says its not a redetermination.. Trying to get an instalment order in place

 

Eggy

 

Ah righto.. apologies..

[eggy12]

No worrys.. Thanks for looking in

[Guest]

leave blank. as both are currently n/a? could double check with ct?

could attach a covering letter if you wish?

but, get it in asap before they consider applying for a charging order! (if applicable).

imo

Edited September 2, 2011 by Ford
typo

[eggy12]

Cool thanks Ford

[eggy12]

Struggling with a covering letter.. This is what i have now

 

 

The Defendant is applying to vary to an Instalment Order

The defendant has sent the Claimant his Income and Expenditure and an offer of payment but has had no response to this offer in July 2011

An Income and Expenditure is attached for the court with an offer of payment.

The Defendant is paying other creditors the same amount offered to the Claimant and feels it would be unfair to offer the claimant more.

 

Anything i should add/delete as struggling a bit !

 

Eggy

 

Variation Cover Note

(In response to the District Judge’s directions dated 31 August 2011)

 

The Defendant is applying to vary to an Instalment Order

 

The defendant has sent the Claimant his Income and Expenditure and an offer of payment but the claimant has failed to respond to this offer sent July 2011 before Judgement and not replied to date

 

An Income and Expenditure is attached for the court with an offer of payment.

 

The Defendant is paying all other creditors the same amount offered to the Claimant and feels it would be unfair to offer the claimant more.

[Guest]

eggy

just to check

i meant could leave the 'i wish to apply for..' options blank only as neither applied to you. but, fill in the rest of the form as much as poss including the income and expend and payment offer. and then could do a covering letter in addition to the form?

[eggy12]

yes thanks.. Leaving that bit blank but not filling in most of other form as attaching I&E to form n245.. If this were you would you fill in form and add full I&E on separate sheet as just an extra ?

[Guest]

the J directed an n245. complete the form as much as poss, including the income and expend and payment offer (they send a copy of the form to the claimant to consider the offer). then could do a covering letter with any further info you think could be relevant, including that it is a request for an instalment order?, re other creditors, etc.

imo

Edited September 8, 2011 by Ford

[eggy12]

Ok just doing now BUT ive just realised i have been working I&E on my gross income and have done in the one i sent them... No wonder im in above my head, ive got to deduct 4k from it.. Leaves me in the negative big time ! Opps but on a bonus my child maintenance should drop big time as thats the figures they have worked it out on also, Self employment can be a pain in the rear sometime... Right decision made, need more time on this so hope the court dont mind waiting a few days extra :/

[Guest]

eggy

any developments?

[eggy12]

Yes sorry gotta go court on the 12th for the variation, will post up later or 2morrow the reason why they are against it.. Basically they suggest they are more important than all my other bills and want £100 per month !!

 

Thanks for looking in

 

Eggy

[Guest]

hi eggy

if they refuse the offer, would then be for the J to decide in the circumstances. put forward anything else in your favour at the hearing.

imo

[citizenB]

Yes sorry gotta go court on the 12th for the variation, will post up later or 2morrow the reason why they are against it.. Basically they suggest they are more important than all my other bills and want £100 per month !!

 

Thanks for looking in

 

Eggy

 

You will need to argue your priority debts take precedence. Are you paying all other creditors pro rata? How does this company figure in the grand scheme of things?.. eg, where are they on the list in order of balance o/s after your priority debts.

[eggy12]

Went in today and the vary was declined.

.. Put forward priority debts and asked to take into consideration how things are in personal circumstance

and that this is only a temporary measure as CSA runs out in 2 years and mortgage in 9..

 

 

They argued that this debt will take 500 plus years to pay of at this rate at offer of £1 per month,

as said i asked for temp measure but was kindly brushed aside as judge and opposition were in agreement

that from what ever ruling from some years ago that a judge cannot rule on

"No court in there right mind will order this sort of judgement" as it will take to long and wont happen or along those lines..

 

 

. Upset me when the Judge said he understood my position but has to follow law as set..

Bit my tongue at that point and just agreed to him going in there favour.

. £72 added to debt for their sides time and have been advised by judge to look into charging order a litle more..

 

OK so they will be be going for Charging order next..

 

Where form here.. Got quite a few other creditors that will jump on the band wagon also if they get it ?

 

Kid Regard s

 

Eggy12

[Guest]

hi

unfortunately, as J said, 1 a month is unlikely to be awarded. particularly where there is property!

so, it is still a forthwith?

once the deadline date has expired re the forthwith, they will then have the enforcement options. one of which would be a charging order. would be up to you then whether to dispute that or not. one poss reason could be that it would disadvantage other creditors.

you mentioned before that the amount they are claiming is incorrect, and that you admitted to a lower amount? what happened re this at hearing?

imo

[Guest]

eggy

how is this going? any developments?