Arrow/reston - old Tomlin that ive sadly failed on - now N244 in the post help!

[sappertapper]

Hi all,

 

I have received a form N244A notice of hearing of application today for a hearing scheduled for 20 Oct 17.

 

This is in relation to a Tomlin Order that i had been paying monthly since april 15.

 

In may this year i was signed off from work due to ill health and only receive statutory sick pay at approx £400 per month.

 

(i am still off work) I contacted all my creditors and informed them and all were happy with token payments (TPP set up via stepchange)

 

I contacted pestons to tell them and offered them a reduced payment of £20 per month until i was back in work when i would continue with the agreed 200 a month. They wanted bank statements, employers letters, GP letters and various other bits of paper. i didn't supply them with any of it - they already have too much info on me in my opinion.

 

This is the reason for the N244A arriving today.

 

Can i apply to the court for a variation at this stage or have i missed the boat on that one? If so do i need to do anything or wait until the imminent CCJ is served on me?

 

Any advice will be greatly appreciated.

[fkofilee]

More info on the debt would be helpful to us

 

And welcome to CAG.

 

I suspect that a judge realistically would not set a CCJ etc if you have fallen on hard times etc...

So what have they said in their N244?

[BazzaS]

It depends what the OP's main aim is.

 

Getting a Tomlin Order agreed allowed the OP to avoid a CCJ on the register.

 

If the OP isn't bothered about a CCJ showing :

offer them a small payment you can manage

If they don't accept it let it go to court.

 

 

It'll be hard to defend (either the original OR if they go for breach of contract on the Tomlin Order).

 

However, ask the court for time to pay by instalments based on your current financial situation.

You'll get a CCJ but they'll get paid on the basis the court dictates, not the sum they've been used to

 

They may agree a new agreement if you can say:

Take it to court and you'll get your CCJ but only £1/month (or £5/month .......)

[dx100uk]

I would suggest they are going for a summary judgement?

[sappertapper]

All it says on the N244A is that there will be a directions hearing on 20 Oct.

Can i submit a variation order to the court now so that they are aware of my circumstances?

[AndyOrch]

You can submit a witness statement in response (not less than 7 days pre hearing) outlining your reasons for defaulting on the consent order.

 

 

Andy

[sappertapper]

update to the above -

 

i received a letter from the court saying that the N244 was issued in error and to disregard the contents.

 

then last thursday i received a copy of Restons application to the court for summary judgemnt and today i have received a judgement for claimant form stating that i am ordered to pay 10k forthwith.

 

i clearly cannot afford this amount in one hit , what action should i take now? am i right in thinking a N245 application to vary an order is the right way to go? if so what are the time limits??

[AndyOrch]

Something not sitting right......

 

The court told you to disregard their N244..what date was that ?

 

Then you receive last Thursday a further N244 application for Summary judgment...no hearing ? all done and dusted within a week ?

[sappertapper]

hi Andy thanks for responding

 

the court sent the n244 at the back of a witness defence for another case that didn't involve me, i then received a copy of restons application pack and witness statement.

 

As i was paying (and stopped) as per the tomlin order the ccj was never issued and stayed/set aside. the date on the order is 10 oct which was yesterday, and the hearing date says 2 oct,

 

the initial hearing was in 2014 which i attended.

 

either way i now have a ccj ordering me to pay an amount i cannot afford, do you know if it is possible to pay in instalments via a N245 application

[AndyOrch]

Your posts are really confusing..possibly because you dont date time line the events......

 

You have been paying the Tomlin Order since April 2015...matters changed as of this May and you could not afford to make payment...so in effect you have missed 5 payments of £200 PM ?

 

There was a hearing on the 2nd October ..I assume you didn't attend and they were awarded Judgment and you now have General Order of Judgment to pay Forthwith £10K.

 

Yes you can submit an N245 and vary it to monthly at an affordable amount....that being £20pm providing your I&E allows that much.

 

Check to see if you could be exempt from the £50 fee

 

Regards

 

Andy