Lowell/Carter claimform - old SD Lwoods cat Debt ..**Settled by Consent Order** but missed payments - now have judgement

[dx100uk 8,561]

stop worrying about if's and but's and maybe's.

 

no the bailiff cannot rock up and just take the car

don't think silly TV programs you see mean that applies to action they could take on your situation and debt, it doesn't

already explained this.

get the N244 in and that negates them anyway.

 

do you qualify for ex160 fee remission right now?

 

[jboyd83 1]

Ok sorry just stressing out.

No we wouldnt right at this moment.

We possibly may in a few weeks once baby arrives...

This is because my husband will have his first new wages, and tgen we can update tax credits which will go down significantly, and babys arrival will bump up the income threshold for fee remission by 245 per month as its an extra child.

[Old Cogger 955]

You will need that amount for the child nothing else

[jboyd83 1]

Sorry old cogger Im not sure I understand what you mean 

[Old Cogger 955]

Check  the amount you have comming in onece known against the remmision form allowance data for

[jboyd83 1]

Yes I will but we wont know our proper finances until another few weeks (thats what I explained above in previous post)

 

So shall we just wait then? 

Feel like we're in a bit of a complicated situation.

 

[Old Cogger 955]

See what DK think's @100uk

[jboyd83 1]

Hi, so shall I hang on then..

Or can I do the set aside form without having to put the fee in with it straight away?

We dont have £250 and on paper wont qualify for discount at this precise moment

[Old Cogger 955]

No goes in with fee only

[jboyd83 1]

Ok thanks, I literally have no choice then do I but to wait.

And is it pointless putting the exceptional circs letter in?

Edited November 18 by jboyd83

[Old Cogger 955]

Dx will advise - but knowing these DCAs etc they are not interested unless money is in front of them.  sometimes I would like to face to face with these telecon jockeys  but this country has laws which they flout and get away with oppsss

[jboyd83 1]

The exception circs letter Ive written was for court not the DCA.

It mentions it on the ex160a 

[dx100uk 8,561]

Ill bow to andy on this payment issue you have

Not my bag

 

Dx

[jboyd83 1]

Sorry its so complicated right now.... totally temporary but totally complicated. 

I just dont want bailiffs knocking in the interim, thats my main concern.

 

The standing order is going out still to Lowell,  what was happening was other things were going out the same date and that was leaving not enough money in the bank to pay lowells SO.....hence it looked like Id just stopped paying, hence CCJ.

It went out last month and again this month though.

[dx100uk 8,561]

already addressed the bailiff issue several times.

and ofcourse they'll have to send a notice of enforcement 1st.

 

dx

 

[jboyd83 1]

Ok so how much notice do you get with that then?

I know that youve said they cant do much, but I dont even want them at the door full stop.

[dx100uk 8,561]

well that's your problem to unnecessarily worry about seriously.

a NOE gives 7 days to act

you have acted

you simply tell them you are instigating an N244 and they'll back off.

[jboyd83 1]

Ok great thanks 

[jboyd83 1]

Right, we can pay the £250 this weekend for the set aside application!

Can anyone possibly help me what I should write on it to support my application please?...I need to write some sort of statement do I?

 

Thanks a lot

[dx100uk 8,561]

already detailed in post 80

 

 

[Andyorch 10,136]

Start off at the N244... complete as much as you can and post for further help if unsure.

 

Once the above is completed you attach a Draft Order to your application which I will have to come back to later.

[jboyd83 1]

That'll be marvellous thank you very much Andy, yeah thats what I meant I knew youd mentioned helping with the draft order before. Thanks again

[Andyorch 10,136]

Completing the N244

 

1 & 2 self explanatory

 

3. That the court sets a side the judgment referenced above and dated xxxxxxx. pursuant to CPR  13.3. The claim was stayed and is subject to a Tomlin Order.The claimant changed Solicitors from  Bryan Carters Solicitors which ceased trading in 2015 to their own in house Solicitors Lowell.Failed to account for all payments previously made.Unaware of the Tomlin Order and also unaware of the now true balance outstanding. Requested judgment in error.

 

4 Yes

 

5. Without a Hearing.

 

6. No

 

7.N/A

 

8. District Judge

 

9 Lowell Solicitors

 

10 You can expand here if you wish ( tick the evidence set out below) and also add exhibits of any letters change of solicitor ect proof of payments.

 

 

 

##########Draft Order##########

 

In the ......... county court
Claim No. ...

Before

District Judge ………


Dated ……… 20…


Claimant A

and

Defendant B



Draft/ORDER

UPON receiving the Courts General Order dated   21/08/2019  Notice of Judgment


IT IS ORDERED THAT:

1. The Judgment be set a side pursuant to CPR 13.3
2. The claimant to retrieve all payments made since 2014 to previous Solicitor and confirm the true balance outstanding as at this date.
3. The Tomlin Order dated xxxxxx to proceed.

4. The defendants costs in this application.
 
#### END OF ORDER #### 


 

[Andyorch 10,136]

You will notice I have requested without a hearing....so the fee is only £100.I dont think a hearing is required in this instance but the court will confirm and request the difference in payment if so required.

 

Best of luck 

 

Andy

[jboyd83 1]

Thank you so much for this and all your help so far, Im extremely grateful and will get this posted tonight.

Thanks again