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You have said that the debt is now £5,110. Accordingly, Dodgeball was correct in that bankruptcy could be an option. Applying to the court to 'vary the order' should resolve this.

 

I think that you will have little grounds to 'set aside' the judgment. Therefore, you need to follow the guidance from Ploddertom and file the N244 to 'Stay the proceedings' AND the N245 to 'Vary' the order.

 

You have said that you have appointment with the court on Friday, have you been asked to take any documents with you ?

 

No, that is to take in the n244 and give me a hearing date if needed. I didn't know I had to do a n245 as well, as Bradford Court sent this back to me.

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I have an old van on my driveway, with no MOT and basically scrap, will they take that.

They might however it is unlikely as the cost of removal and storage would exceed any sum they could get at auction, and they could be in trouble justifying it's seizure due to the costs being probably ten times what they get at auction,therefore increasing rather than reducing the debt; however other Caggers will be able to comment further.

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No, that is to take in the n244 and give me a hearing date if needed. I didn't know I had to do a n245 as well, as Bradford Court sent this back to me.

 

They will advise you at the court as said plod is the expert on HCEO enforcement.

 

Have you told them about your court appointment ?

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No, that is to take in the n244 and give me a hearing date if needed. I didn't know I had to do a n245 as well, as Bradford Court sent this back to me.

 

It is very unusual to be given an appointment (in your case, 10.30 tomorrow) just to hand the application forms over to the court.

 

Once you have been to the court, please do post back to update us.

 

Brassnecked is correct in that the enforcement agent would not bother taking a vehicle of such low value.

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It is very unusual to be given an appointment (in your case, 10.30 tomorrow) just to hand the application forms over to the court.

 

Once you have been to the court, please do post back to update us.

 

Brassnecked is correct in that the enforcement agent would not bother taking a vehicle of such low value.

 

Our courts always do it like that, there is no counter.

 

I was just wondering about the van, as I would be happy to see it go, especially if it would reduce the debt.

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Ok, I am still waiting for their visit today, I have been out all day, but have had people babysitting my house, just in case. There has been no visit yet, so just under 1.5 hours left until 9pm.

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Our courts always do it like that, there is no counter.

 

I was just wondering about the van, as I would be happy to see it go, especially if it would reduce the debt.

 

Both Brassnecked and I have already advised you of our thoughts regarding the van. If you want to see it go...then simply leave it on view outside of the house and wait to see what happens.

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Well they have 5 minutes to turn up. If they don't do they have to take of the fee for todays visit which they told me yesterday they had already added onto the debt, as they would definatley be a visit today to take vehicles if they could not get entry.

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Both Brassnecked and I have already advised you of our thoughts regarding the van. If you want to see it go...then simply leave it on view outside of the house and wait to see what happens.

If the van is worth sod all the EA| will likely leave it alone, too much hassle to take it.

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I'm a bit confused over some aspects of this.

 

Firstly has it been established over whether this relates to your residential or business address?

Secondly why has your local County Court refused to deal with a Variation Order? Anything other than the Writ itself stays with the County Court - seems as if they are not sure themselves what they are doing. However I assume if you have now submitted Form N244 you have applied for a Stay of Execution against the Writ.

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I'm a bit confused over some aspects of this.

 

Firstly has it been established over whether this relates to your residential or business address?

Secondly why has your local County Court refused to deal with a Variation Order? Anything other than the Writ itself stays with the County Court - seems as if they are not sure themselves what they are doing. However I assume if you have now submitted Form N244 you have applied for a Stay of Execution against the Writ.

 

I is my residential property, nothing to do with business. I sent the variation order to Bradford County Court, who sent it back saying that I could not apply for a variation order without applying for a n244 because it was high court writ.

 

I got a stay order, today, and I have to go back for a hearing with Severn Trent 12th August, I didn't think I would have to go back for the variation order.

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I is my residential property, nothing to do with business. I sent the variation order to Bradford County Court, who sent it back saying that I could not apply for a variation order without applying for a n244 because it was high court writ.

 

I got a stay order, today, and I have to go back for a hearing with Severn Trent 12th August, I didn't think I would have to go back for the variation order.

 

I share the same thoughts as Ploddertom. This is very confusing. I can only assume that the creditor has opposed your repayment proposal. What offer of repayment did you put forward?

 

There is also a lot of confusion about N245 applications (to 'vary' a court order). A short while ago, I put together some guidance on the subject. I will hunt around for a copy and post back later.

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A short while ago, I put together some guidance on the subject. I will hunt around for a copy and post back later.

 

 

N245 Applications: What are they?

 

If a defendant is unable to make the payments ordered by the judgment they can submit an application to ‘vary’ the court order. They will need to complete form N245 ‘Application for suspension of a warrant and/or variation of an order’. The N245 includes an income and expenditure and an offer of payment.

 

Is there a court fee to file an N245?

 

Yes. There is fee of £50 to file an N245. Depending on the debtors financial circumstances, they may qualify for exemption from court fees. They will need to read Form EX160.

 

What will happen after the N245 has been filed at court?

 

The Court will forwarded a copy of the N245 to the creditor. If they accept the defendant’s offer, they do not need to respond. If they do not accept the defendant’s offer, they must respond explaining why they do not accept the offer and what instalments (if any), they would be willing to accept. If the response is not received within 16 days, then the court will automatically grant the defendant’s payment proposal.

 

The court will send both the defendant and the creditor a ‘Variation Order’ explaining how the defendant should pay. The Variation Order does not change the amount owed, or the date that the judgment was registered.

 

What happens if the creditor objects to the application?

 

The case will be transferred to the defendants local court and a hearing date set. The defendant and creditor will be expected to attend.

 

Is enforcement on 'hold' whilst the creditor considers the payment proposal?

 

No it is not. An N245 is merely an application to 'vary' the court order. If however a warrant had been issued, then the defendant would also be required to apply to have the warrant suspended.
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I share the same thoughts as Ploddertom. This is very confusing. I can only assume that the creditor has opposed your repayment proposal. What offer of repayment did you put forward?

 

There is also a lot of confusion about N245 applications (to 'vary' a court order). A short while ago, I put together some guidance on the subject. I will hunt around for a copy and post back later.

 

No they did not oppose my N245, Bradford County Court just sent it back to me with a letter. They had it for over 2 weeks and I had to chase it up by phone. This is what the letter said.

 

I return the enclosed N245 application to suspend a warrant and EX160 application to Help with Feesfor the following reason.

 

There is no warrant of control in this matter to suspend with the enclosed form but there appears to be a Writ of Control.

 

To make an application to stay a writ of control you should complete the enclosed N244 application form and file this along with the EX160 Help with Fees form at your local District Registry.

 

I did not tick the box on the form to suspend and vary the order, just to vary the order as it had not gone that far when it was sent it.

 

I offered them 25 per month

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I suspect what has happened is that you also ticked the box to Suspend the Warrant and rightly they have said there is no Warrant (this would refer to the County Court Bailiff).

 

When you filled the N244 in what application did you ask for. From what you have said so far you have been granted an Interim Stay of Execution - which will prevent the EA attending or adding further charges - until a full Hearing is made. Were you told you had to file anything with the Claimant or Court before this Hearing. If uncertain youmay have to wait until the Order comes through to see what it says.

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I suspect what has happened is that you also ticked the box to Suspend the Warrant and rightly they have said there is no Warrant (this would refer to the County Court Bailiff).

 

When you filled the N244 in what application did you ask for. From what you have said so far you have been granted an Interim Stay of Execution - which will prevent the EA attending or adding further charges - until a full Hearing is made. Were you told you had to file anything with the Claimant or Court before this Hearing. If uncertain youmay have to wait until the Order comes through to see what it says.

 

No I did not tick that box, there was no need to as at the time of filling in the form. I have double checked my photocopy again and no that box is not ticked. I was confused myself. Especially has they had the form for over 2 weeks before processing it, then just sent it back.

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Very strange then. In some respects it appears to have worked in your favour as temporarily you have a better solution than that first asked for. At the next Hearing the Claimant or their representative should turn up which may give you the opportunity to ask why they have produced no actual bills and why they went to this stage without trying to negotiate with you first. Water companies have been shown in the past to be a little gung ho and there may well be a chance of having the whole Judgment Set Aside, whereby you get the chance to start again.

 

As a separate issue you could take it up with your local Court as to why they did what they did if you are sure that was not you applied for. Any complaint should be addressed to the Court Manager.

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