Cabot/Restons CCJ - dealt with bailiffs - now Cabot time and payment?

[Bailiff Advice]

 

I am going to tell him we are going to arrange a plan with the bailiff, and if the bailiff appears before we get it in motion I will tell the bailiff we are going to make a proposal shortly.

 

I think its the best solution and it will hopefully make him think on and get these other things fixed too...

 

thank you...

 

I am sorry if I may sound harsh, but if you are going to make the arrangements with the bailiff (in other words, get your step son out of the mess that he has gotten into) then you can hardly blame him if he doesn't take responsibility for his own finances in future.

 

Only the day before yesterday, I had a lady contact me about a court fine that her son had got into arrears paying and she was trying (without success) to get a payment arrangement set up with Marston Holdings. The court fine was for evading paying a train fare (a common offence normally reserved for hard up students). I was shocked when she told me that her son was 41 years old!!!

 

You have been given excellent advice on this thread and please do post back once you have contacted the bailiff.

[Coughdrop]

I am sorry if I may sound harsh, but if you are going to make the arrangements with the bailiff (in other words, get your step son out of the mess that he has gotten into) then you can hardly blame him if he doesn't take responsibility for his own finances in future.

 

You do sound harsh, and it is not our place to judge. Have you never tried to help family out of a tough spot? Just paying it off may not help him, but enabling him to pay it off might.

 

Only the day before yesterday, I had a lady contact me about a court fine that her son had got into arrears paying and she was trying (without success) to get a payment arrangement set up with Marston Holdings. The court fine was for evading paying a train fare (a common offence normally reserved for hard up students). I was shocked when she told me that her son was 41 years old!!!

 

 

Why were you shocked? Anyone of any age can get into financial difficulties, forcing them into actions they may not otherwise take. I lost my house at around that age through no particular fault of my own. I know people in their 60's with money issues. They can happen to anyone at any age - a look through this site is sufficient to tell you people of all ages and backgrounds hit problems. We should not make assumptions.

 

Anyway, back to topic.

[mrbrooks]

Hi BA, no offense taken, at this at least, because basically, you have got the wrong end of the stick, I am not going to pay it or arrange it, it was a collective 'We', I will help him deal with the bailiff is what I meant, he will be paying the debt and he will contact the bailiff, infact I believe he was planning on doing so today. I clearly stated what my advice to him would be and why but I will repeat it for you.

 

I do feel the best thing to do is to advise him to make an arrangement with the bailiff,

to say pay 50% and then the remainder over say 3 months.

 

Alternatively he can choose to ignore it (which is not going to be my advice)

but would like to find out more about what happens if he does this?

 

The basis for this, which is quite clear, (going back to this excellent advice I have been given, to which I will return) is that it is highly unlikely the debt is statute barred at this point so there seems to be little point in chasing this path any further, I have already stated I would be none too pleased with this result anyway as it would just enforce his idea he can just ignore these things which I think is something he needs to address, again something I have been clear about from the start and something dx100 and I both agree would be a fairly bad idea...

 

'he wont be be able to get any credit mortgage or anything from 6yrs of each one...

so take the last dated default or CCJ...

he's stuffed for 6yrs from that date...

time to rethink ones attitude me thinks.. - Couldnt agree more!'

 

My main concern from post one, was the concern over our (me n the wife) own property and premises, and to learn something of these situations to better equip myself in dealing with them. I have alleviated the concerns I had and read material from this thread and other sites and feel in a better place to deal with said bailiff.

 

kind regards

 

mrbrooks

Edited August 24, 2016 by Andyorch
Post edited at users request

[mrbrooks]

BA apologies, I have gone off half cocked...again...im such an idiot...I do not take offence I misread it and misjudged you...

 

Thanks again...

 

ps if admin could pls delete prev post if possible, it clearly adds nothing to this thread!!!

[AndyOrch]

Thread tidied

 

Andy

[mrbrooks]

Thanks Andy and I have PMd BA too...

 

kind regards

 

mbrooks

[mrbrooks]

I will let you know when he has spoken to the bailiff...and we can draw a line under it...

 

Thanks everyone

 

mrbrooks

[ploddertom]

If he is going to pay this himself albeit with your prodding. If paying in full then fair comment but if he can only pay a certain amount each month he is much better off applying for a Variation Order which given a glance at his I&E should give an amount he can comfortably cope with. The same form will also allow him to apply to Suspend the Warrant meaning the Bailiff will be put on hold pending he makes payments on time & of the correct amount.

 

Look up Form N245 for this - fee is still £50 I believe but fee remission is available if he meets the requirements.

[AndyOrch]

https://formfinder.hmctsformfinder.justice.gov.uk/n245-eng.pdf

[mrbrooks]

Hi Ploddertom, the outstanding balance is £621.26, I think this is about 60% of his montly pay, so I doubt he will want to give up that much in one go, esp when you add in rent to his mum, mobile phone, visiting his gf and the like...but then I will try to 'prod' him into paying it in full and suffering for a month riding on his bicycle to work, he has no car, so likes to spend his cash on taxis when he gets paid instead of cycling, but I could help him out with odd lift to or from work if its pouring with rain for example...wether he will or not, its hard to say...

 

After talking with him last night he agreed he has been a bit of a dill and wants to get things sorted out, this includes the other 4-5 defaults showing up on his credit report from Noddle and I did not look into what the other CCJ was for back in 2011 ish...the silly bit is, this debt was only £300 and something back in Dec and it has doubled, he could have paid it, same with a couple of his others, they are £200-£300 so I have said lets get this one sorted as its obviously on our doorstep and then I can prod him to get the others sorted out...

 

I will certainly look into the VO and N245 (Thanks andy for posting the link) and see if this interests him, and if so will help him fill it out...perosnally I would hope he will just bite the bullet and wipe it out and accept he needs to reign in his pizza and beer belt for 4 weeks...

 

We shall see, he is off Friday and Saturday so will have a chance to address it all with him properly instead of at 10pm and hes moaning cos he needs to go bed to be up at 6AM...which is fair enough in some ways i suppose but need to get some urgerncy in to him about it...so Friday should be a good chance to spend a couple of hours running through his options and making a choice.

 

I have told him to hold (via text) contacting the bailiff today as he planned so we can discuss the matter, however if he has already I will have to wait to see what has been said, he did contact the court last week after the first bailiff visit but the agent was unavailable, so credit to him for that at least.

 

Thanks again everyone, as ever much appreciated.

 

mrbrooks

[mrbrooks]

As an additional note,

the bailiff visits are not an issue for me really,

especially now I know he can only enter peacefully,

 

I work from home and am often not here anyway,

so it was pure luck he caught me in to be honest and SS would have almost certainly just ignored the letter had I not been handed it and the bailiff did not close the letter properly,

 

which I think may have been deliberate, so I opened it to take a look...once he had left of course...

 

I will let you know what happens when I have managed to sit down and prod and hammer a bit more...

 

thanks all

 

Just out of interest, if he goes for the VO/N245 do I need mention this to the bailiff if he appears at the door again before the paperwork goes in?

 

Thanks and lind regards

 

mrbrooks

Edited March 16, 2018 by dx100uk
merge

[AndyOrch]

Just out of interest, if he goes for the VO/N245 do I need mention this to the bailiff if he appears at the door again before the paperwork goes in?

 

Thanks and lind regards

 

mrbrooks

 

You can ..but it wont effect anything until its processed....So quicker the better.

 

Andy

[mrbrooks]

Hi Andy, if this is the route he is going, and it seems fairly likely, then I will get the paperwork done with him Fri/Sat and get it sent, out of interest, where is meant to be sent to? Can we deliver it to the court if the court house is local? If so which address do we use? Is it the one shown on the Notice of Visit/Calling Card???

 

ps - actually I have already started to fill out the N245 in preparation and will put it to him if he chokes when I mention paying up in full...

 

Thanks

 

mrbrooks

[AndyOrch]

Goes to the court that issued the Judgment

[mrbrooks]

Thanks Andy...I have part filled it out...just to save us some time...

 

regards

 

mrbrooks

[AndyOrch]

If an actual writ has been issued you can also use the N245 to suspend any enforcement in the box above box 1.

[mrbrooks]

Hi Andy, I have ticked both boxes...

 

thanks

[Bailiff Advice]

BA apologies, I have gone off half cocked...again...im such an idiot...I do not take offence I misread it and misjudged you...

 

Thanks again...

 

You have nothing to apologise to me for and a massive thank you for your kind words in your PM.

[Bailiff Advice]

Hi Andy, if this is the route he is going, and it seems fairly likely, then I will get the paperwork done with him Fri/Sat and get it sent, out of interest, where is meant to be sent to? Can we deliver it to the court if the court house is local? If so which address do we use? Is it the one shown on the Notice of Visit/Calling Card???

 

ps - actually I have already started to fill out the N245 in preparation and will put it to him if he chokes when I mention paying up in full...

 

Thanks

 

Good evening Mr Brooks,

 

It may assist you to know a bit of information about the N245 procedure. The following is taken from a 'Fact Sheet' that I put together earlier this year:

 

 

 

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.

[Coughdrop]

You can find a copy of the form here:

 

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-do-owe-the-money-pay-the-judgment

[mrbrooks]

Thank you BA, this is very helpful,

I have downloaded the form AndyOrch posted a link for earlier and have filled in the basics in preparation,

and thanks to coughdrop for posting the link about the CCJ stuff and forms too,

very useful to read the accompanying information.

 

I have just been chatting to SS,

he came in from work about an hour ago and we had a little chat about his option to pay in full,

and he says he will look at it Friday as he gets paid on Friday and has a fair few hours OT this month on his pay,

 

 

failing this I mentioned the VO as the alternative and he was very positive about this

saying he did not think he would be able to do the full payment

but reckoned he would try to do it in 2 or 3 instalments if possible,

and was also talking about some of the other items on the Noddle report,

so all in all a very positive response at this stage.

 

So I said we would fill out the form properly on Friday if that’s what he decides

and he will have been paid then so will know for certain how much he has available

(no he still hasn’t figured out he needs to know how much pay to expect for the hours he has done but I am working on that too now)

 

Now with regards to the fee, of £50,

I dont think he will get this back,

having looked at the EX160 as BA suggested,

on the form it states £1,085 as the limit and I am sure he gets a little more than this

but I will let him decide if this figure is under his average monthly earnings.

 

If we decide to go with the N245,

can we take this to the court house?

 

 

The issuing court is actually less than 5 miles from here?

And are we able to pay with debit cards?

Or do we have to make payment with only with PO or Cheques?

Trouble is no one has a cheque book here.

 

And one more Q on this section, just for confirmation really,

 

 

I assume we are supposed to include the full amount of the proposed payment along with the form to the court?

Or do we make the proposal include what we can and wait to hear back?

I see the section on the N245 which says I can pay .... and I enclose ....

 

All of the advice and guidance on CAG from the site team and members has allowed me to advise him well enough

(Even if I don’t understand all of it sometimes) for him to feel empowered enough to make some choices about his current situation and going into the future,

 

 

so again, thank you so much to everyone who has provided input and support on this thread so far.

 

Kind regards

 

mrbrooks

[Bailiff Advice]

 

So I said we would fill out the form properly on Friday if that’s what he decides and he will have been paid then so will know for certain how much he has available (no he still hasn't figured out he needs to know how much pay to expect for the hours he has done but I am working on that too now)

 

Now with regards to the fee, of £50, I dont think he will get this back, having looked at the EX160 as BA suggested, on the form it states £1,085 as the limit and I am sure he gets a little more than this but I will let him decide if this figure is under his average monthly earnings.

 

If we decide to go with the N245, can we take this to the court house?

 

The issuing court is actually less than 5 miles from here? And are we able to pay with debit cards? Or do we have to make payment with only with PO or Cheques?

 

And one more Q on this section, just for confirmation really,

 

I assume we are supposed to include the full amount of the proposed payment along with the form to the court? Or do we make the proposal include what we can and wait to hear back?

 

I see the section on the N245 which says I can pay .... and I enclose ....

 

Personally, I would take the form to the court and hand it over to the counter staff. You can make payment by debit card.

 

With regards to the important matter of how much to offer. You need to do the calculation on the income and expenditure section of the form. Given that the debt is £621, I would personally suggest a payment offer of £150 per month. This will see the debt cleared by the end of the this year and crucially, before the Christmas period. Your stepson should take the initial payment to court and this too can be handed over at the counter.

 

Bu taking the forms into the court, the counter staff will be able to contact the bailiffs office (which is in-house) and will advise them of the pending application.

[mrbrooks]

Hi BA thanks for the post, I agree actually it would be better to take it in if poss, the court mentioned on the document is only about 10-15 mins away and I mentioned taking it in to him, with the offer of me driving him up there and coming in with him, just to make sure he gets it done.

 

I also bandied £150 a month about because with the £50 fee, he will have to shell out £200 and I think this is a reasonable amount for him to give up without leaving him short for the month.

 

I have printed out the form for him so he can fill in the details I dont know, and then I will complete it on the PC and print it out so its neat n tidy.

 

Saying all that, he has done some very long days this last couple of weeks, with some days hitting 15-16 hours so he may actually have a rather handsome pay pack this month, so maybe he can pay it in one hit, if he gets paid £1500 or more I will prod him to make the payment in one hit.

 

Thanks again, will let you know what is decided when I see him later/in the morning, as he reckoned he wont be home till gone midnight again.

 

mrbrooks

[AndyOrch]

A court will only accept the N245 incorporated I&E...not one from National Debtline..thats why its part of the N245

[Ell-enn]

We have a Budget sheet which we use when making an N244 application to the court in defence of repossession (or other application ) it calculates as you fill it in and can be easily saved to your own PC.

 

 

Post 2 here: http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession