Lending money to a friend.

[AndyOrch]

Only C...you dont serve it.... see post # 774

[Consumer dude]

So the court bailiff serves the order which is included in my fee of 50.00 ?

[Consumer dude]

I hope to get N316 form out with the fee of £50.00 to the court by the end of next week. Am I able to ask the debtor any questions, such as 'What did I do to you that made you not want to pay me back ?

[AndyOrch]

Already answered ...Post #777

[Consumer dude]

Will the defendant be liable to pay the costs of this planned application, and Is it something I need to apply to the court before any hearing date..

[Consumer dude]

I have just received an application for suspension of a warrant and/or variation of an order. Help, what does this mean ?

[Consumer dude]

1st part states 'I cannot pay the amount ordered and I wish to apply for, suspension of the warrant (box 1) and/ or a reduction in the instalment order (box 2). Neither box is ticked. At the end of the form the offer of payment is £4.00 a month which to me feels outrageous. I'm still shaking..

[Consumer dude]

New hearing date for this. Do I need to attend or even do anything ?

[determindator]

1st part states 'I cannot pay the amount ordered and I wish to apply for, suspension of the warrant (box 1) and/ or a reductioeam on heren in the instalment order (box 2). Neither box is ticked. At the end of the form the offer of payment is £4.00 a month which to me feels outrageous. I'm still shaking..

 

His true colours CD. He will have to prove why he can't afford the amount you expect to be paid by installments. Looks like he will have to produce an I&E.

 

I found this doc an N246A http://wbus.westlaw.co.uk/forms/pdf/cpf02077.pdf you will need to check with the team if this is what you need to do. The Court are always on the end of the phone to guide you on the process, get things moving tomorrow.

[Consumer dude]

Enclosed with the application is details of his income and outgoings. How can I question this is a true record and not just made up ?

[determindator]

Does it look like he's keeping up with his mortgage repayments? What's your opinion CD of his I&E?

[AndyOrch]

His true colours CD. He will have to prove why he can't afford the amount you expect to be paid by installments. Looks like he will have to produce an I&E.

 

I found this doc an N246A http://wbus.westlaw.co.uk/forms/pdf/cpf02077.pdf you will need to check with the team if this is what you need to do. The Court are always on the end of the phone to guide you on the process, get things moving tomorrow.

 

This is correct determindator...you have 16 days to return the form with your response /objections/proposals......go to section 3 if you do not accept the offer.

 

Regards

 

Andy

[Consumer dude]

Does it look like he's keeping up with his mortgage repayments? What's your opinion CD of what his I&E?

 

I don't know his income, only what he has presented. It could be made up for all I know.

[Consumer dude]

He has offered what appears to be the smallest amount per month he can get away with and it really is an insult. In order to make an informed decision, how could I obtain in advance of the hearing date an itemised statement of how he has worked out his I&E..

[panther12]

Can you apply for an "order to obtain information" (form N316) where he has to attend court and be questioned under oath about his finances.

[Consumer dude]

Is the N246A form the same form to respond either to vary an order or to do with a warrant ?

[AndyOrch]

Is the N246A form the same form to respond either to vary an order or to do with a warrant ?

 

Yes...both

[Consumer dude]

As a matter of interest, should the court have informed myself that I had to reply to N246A within a certain time limit..

[Consumer dude]

Would the defendant need to send to the court or even myself documentation to prove the I&E that he has now presented ?..

[determindator]

Enclosed with the application is details of his income and outgoings. How can I question this is a true record and not just made up ?

 

Does it show the mortgage is being paid?

 

Ring the court and tell them you intend to reply with form N264A and should you complete an N316 as you are not satisfied by the defendant's I&E. Mention you have not been guided by the court as to the time limit you have to respond to the defendants claim and ask what the protocol is in these matters.

[Consumer dude]

Does it show the mortgage is being paid?

 

Ring the court and tell them you intend to reply with form N264A and should you complete an N316 as you are not satisfied by the defendan'ts I&E. Mention you have not been guided by the court as to the time limit you have to respond to the defendants claim and ask what the protocol is in these matters.

 

Thank you your reply, It is all very vague, I can't be expected to know all these things and my health has suffered and in my opinion, the court should at least give me a clue and options..

[Consumer dude]

What is the correct procedure for requesting a detailed statement of the I&E and how he has worked that out..

[BazzaS]

Thank you your reply, It is all very vague, I can't be expected to know all these things and my health has suffered and in my opinion, the court should at least give me a clue and options..

 

It isn't the courts responsibility to guide you (unprompted).

If you ask about time limits they should answer, but if you don't ask there is no obligation on the court to advise you.

[Consumer dude]

It isn't the courts responsibility to guide you (unprompted).

If you ask about time limits they should answer, but if you don't ask there is no obligation on the court to advise you.

 

Are you saying that if you ask a specific question, they should and must answer ?

[BazzaS]

Are you saying that if you ask a specific question, they should and must answer ?

 

Not if you are asking generic advice : they have no obligation to advise. That is what you could pay a solicitor for, or seek advice from a legal advice centre or free legal service.

If you ask a specific question such as "is there a time limit" then yes, they should answer.