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Urgent help please HCEO visit on a ccj we didn't know about


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Sorry I haven't been back on, busy sorting stuff / working and sleeping after 3 nights of no sleep! I have a few more questions and I apologize for my wittering on in advance!

 

1. Most importantly, what happens now with the stay of execution? OH rang the court late yesterday and was told the writ had been stayed, details would be in the post and there would be a hearing around the 16th september. What does the hearing entail? Is the HCEO still likely to visit until they get the paper work? We have remained vigilant anyway but the closed windows are getting stifling! Can the creditor apply again for a writ of fifa and how soon? We are about to submit an N245 but see my next points.

 

2. At the court OH was told that evidence for our EX160 was unacceptable because he didn't have my august pay slip (I now have it), bank statements didn't include current month (I'll print them off from the internet) and we don't have a current child benefit award notice. Child benefit send notices when a child is born and not again, which I have confirmed online and by phone. The rely on housing benefit claims etc to be accepted by bank statement but it seems the court won't - is this normal? CB have promised I can have a letter proving the current amount but it could take up to 2 weeks. Of course we could just pay the fees for the N245 (we already paid them for N244 obviously) but the reason we are in this mess is because we are skint! Is it urgent to get the N245 in or could we wait? Or try again with just bank statements hoping it was a clerk who didn't know better? Incidentally OH also showed a current housing benefit notice that also detailed our child benefit payments, and various other paperwork from the child benefit office, the only thing we are missing is the latest award notice I got when my son was born 3.5 years ago. The clerk insisted we need something from this year :(

 

3. I'm reading conflicting advice about where to send / take the N245. Now we have the stay of execution could we not just use the local court again to physically take the form in rather than drive to northampton? Obviously we could post it to Northampton but I don't trust the mail much and if by any chance the CB letter arrives soon we would rather take it with EX160 and also claim back the fees from the N244. This relates back to question 1 - how long should we wait?

 

Sorry I know I'm a pest but thanks again to everyone who has helped - it was nice to be able to get some sleep now but obviously I realise this isn't over yet :(

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Sorry I haven't been back on, busy sorting stuff / working and sleeping after 3 nights of no sleep! I have a few more questions and I apologize for my wittering on in advance!

 

1. Most importantly, what happens now with the stay of execution? OH rang the court late yesterday and was told the writ had been stayed, details would be in the post and there would be a hearing around the 16th september. What does the hearing entail? You may have to wait to see what terms they have allowed the Stay on & the Hearing may be to hear the full facts of same. Is the HCEO still likely to visit until they get the paper work? He may but I doubt it, have you advised them a Stay is in place? We have remained vigilant anyway but the closed windows are getting stifling! Can the creditor apply again for a writ of fifa and how soon? The Writ is valid for 12 months & may be renewed on request however as you have an interim Stay in place & as long as you abide by the terms of it then this nothing else that can be done. If however you break the terms then the Stay is lifted automatically and enforcement can continue. We are about to submit an N245 but see my next points.

 

2. At the court OH was told that evidence for our EX160 was unacceptable because he didn't have my august pay slip (I now have it), bank statements didn't include current month (I'll print them off from the internet) and we don't have a current child benefit award notice. Child benefit send notices when a child is born and not again, which I have confirmed online and by phone. The rely on housing benefit claims etc to be accepted by bank statement but it seems the court won't - is this normal? CB have promised I can have a letter proving the current amount but it could take up to 2 weeks. Of course we could just pay the fees for the N245 (we already paid them for N244 obviously) but the reason we are in this mess is because we are skint! Is it urgent to get the N245 in or could we wait? Or try again with just bank statements hoping it was a clerk who didn't know better? Incidentally OH also showed a current housing benefit notice that also detailed our child benefit payments, and various other paperwork from the child benefit office, the only thing we are missing is the latest award notice I got when my son was born 3.5 years ago. The clerk insisted we need something from this year :( It is usually the case that you must supply current proof but if your CB award is the only proof you had when the child was born then that should suffice. You can of course pay the fees and have them refunded when you have all the correct paperwork. Also each page should be supplied - if it says page 1 of 6 then you need all 6 pages but invariably as they are duplex printed you may have to point out that is on each side of the paper.

 

3. I'm reading conflicting advice about where to send / take the N245. Now we have the stay of execution could we not just use the local court again to physically take the form in rather than drive to northampton? Obviously we could post it to Northampton but I don't trust the mail much and if by any chance the CB letter arrives soon we would rather take it with EX160 and also claim back the fees from the N244. This relates back to question 1 - how long should we wait? If you made part of your Stay application on the basis you were submitting a Variation Order then you may be asked to provide proof of the submission at the Hearing. I suggest send it to Northampton via Signed For and check RM Track & Trace to check it was delivered, the case should then be refrred to your local Court.

 

Sorry I know I'm a pest but thanks again to everyone who has helped - it was nice to be able to get some sleep now but obviously I realise this isn't over yet :(

 

PT

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Thanks. Yes we informed the hceo of the stay. So we really can't just take the n245 to the local court? I've read on lots of (less reliable) sites to take it to a local court? It will be sent 1st class recorded in the morning to northants in that case.

 

To claim fees back from northants if we are posting the n245, do we have to go in person?

 

We got the suspension of writ letter today and a confirmed court date. I'm assuming I need to take time off work for it as they won't want a 3 yr old disrupting the hearing!

 

thanks again for everyone's help :)

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Thanks. Yes we informed the hceo of the stay. So we really can't just take the n245 to the local court? I've read on lots of (less reliable) sites to take it to a local court? It will be sent 1st class recorded in the morning to northants in that case.

 

To claim fees back from northants if we are posting the n245, do we have to go in person? Hopefully by then it will have been transferred to your local Court.

 

We got the suspension of writ letter today and a confirmed court date. I'm assuming I need to take time off work for it as they won't want a 3 yr old disrupting the hearing!

 

thanks again for everyone's help :)

 

PT

Please consider making a small donation to help keep this site running

 

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  • 2 weeks later...

Hi all sorry I haven't posted in a while, been busy and stressed! Husband had the n244 hearing today and he can't quite recall the exact wording but the writ was stayed and the claimants awarded £1 per month token payments so good news. However we didn't get the n245 in until a week ago due to finances and awaiting cb evidence. It came back to us today with a slight error on the ex160 that is easily recified. Do we still need to submit the n245 though if the judge today has ruled £1 a month payments?

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Wait until you actually get the Order. If that confirms the low payments then there is no need to go ahead to ask for a Variation as your payment arrangement cannot really go any lower.

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Wait until you actually get the Order. If that confirms the low payments then there is no need to go ahead to ask for a Variation as your payment arrangement cannot really go any lower.
Thanks, will see what it says.
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Is it just me of is this variation for a paltry £1 per month a waste of everybody's time?...

 

I can see your point but clearly the court (quite rightly) took into consideration the other debts and if some are accepting £1 per month then clearly the court cannot allow this one particular judgment to be treated more favourably then any of the others.

 

The poster has mentioned that her and her partner are both looking at bankruptcy and this will at least mean that all the debts will get written of.

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