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Hi, can someone perhaps help.

 

I have CCJ from United utilities, which was being enforced by high court enforcement agent back in September.

 

I stayed the writ using an N244 form as I wanted to offer £150 per month.

This was subject to a court hearing where the judge would listen to my instalment offer.

 

Unfortunately I missed that hearing which was today.

 

Is there anything I can do now?

 

Thanks.

Edited by dx100uk
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Was the court aware of your offer?

What have you paid the claimant since the ccj was issued?

 

I will guess this was a water debt?


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thanks for your reply

 

I don't think the court was aware of my offer

 

I have paid £5 per month each month since ccj , however paid nothing since bailiff involved and since I did the N244

 

this was water debt

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you must have put a reason on the n244...what was it?

else do you mean or you should have used n245 to vary the judgement?

 

did you not respond to the claimform when you received it?

tell us more.

was it a forthwith judgement , did you vary it to £5PCM?

what was ordered

 

just getting background info for those that will need it..


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I paid £5 per month to United Utilities, and they said I missed payment so they sent to high court enforcement for full debt

 

bailiff sent me letter in September and said they will be coming from certain day, so I stayed the writ, with a form N244 at the court

 

on the N244 form I wrote as follows-

under box 3 when asked

"what order are you asking the court to me and why"

- I answered in the box

- to have the writ of control stayed and apply to the court to pay by instalments

 

under box 10-

"What information will you be relying on, in support of your application"

- I answered in the box

- I have a debt with united utilities of 3884.17.

I am on low income, receiving tax credits.

I have 2 children with special extra needs on autism spectrum.

I have no other credit card debt/ finance

I can pay £150 per month to get this debt paid off.

I am asking the court to kindly grant me this time to pay this debt.

 

the writ was stayed that day, but subject to a hearing on 29th October , which I accidently missed

 

what do I do now, as I am sure the judge granted united utilities/ the bailiff the right to collect the full debt since I did not come to hearing

 

what do you advise

 

sorry, which claim form do you mean

 

do you mean the original ccj

 

if yes, then it was just a ccj and I came to a £5 arrangement with u utilities to pay it off

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ok all understood.

I cant see why the judge would not have allowed this and agreed the payment.

just remember you didn't let the bailiffs in AND DON'T.

 

they have no powers of entry at all.

 

how did you come to the arrangement with UU regarding the CCJ

did you return the form with an offer of payment to the court

or you didn't defend it and got a CCJ then later agreed payment

or

was this done by a tomlin/consent order?

 

dx


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ok that is positive sounding that the judge could have agreed to it. I just thought I was not there and supplied no evidence so why should he have agreed

 

problem with bailiff, I cant play hide and seek for months whilst they try and attend every few days

 

answer to your questions-

how did you come to the arrangement with UU regarding the CCJ- I called them and arranged the payment plan after ccj was handed to me

 

did you return the form with an offer of payment to the court

or you didn't defend it and got a CCJ then later agreed payment

or you didn't defend it and got a CCJ then later agreed payment- I did not return the forms to the court, didn't defend it, I got a ccj, then later agreed payment with u utilities

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ok thank you

no harm in ringing the court [i will guess this was your local court as this would have been transferred from northants bulk when you put the set aside in] and asking what happened.

if you were successful, and you now have to pay the £150 PCM to UU get on with it … don't delay or miss it. [check all HCEO bailiff fees were removed too !!}

 

if your proposal failed, then I think the only alternative s to send in an N245 and get the payment varied to £150PCM.

 

others may clarify... just doing my best.

 

are you on low income or benefits...you might be entitled to fee remission via ex160 form..

 

HTH

 

dx


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Thanks for your reply-

 

However, If I was unsuccessful with my proposal and I submit N245..does that need a hearing...how soon could that hearing be....and what happens to bailiffs attending in meantime

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stuff the bailiffs nothing they can do..no right of entry...

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?433855-N245-process-and-time-scales


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You failed to attend hearing so lost by default.

Until you can get Court to agree to your £150 pcm offer, HCEOs could continue to attend for full outstanding debt and apply visit charges.

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stuff the bailiffs nothing they can do..no right of entry...

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?433855-N245-process-and-time-scales

 

Just to point out DX, the warrant itself gives the bailiff the right to gain entry into the property. That is a fact.

 

However, as this is a civil debt (unlike in the case of a criminal court fine), the bailiffs means of entry are more limited.

 

His warrant allows him to only gain entry by 'peaceful' means. This means that if a door has been left open or unlocked, he can gain entry. In most cases, 'peaceful' entry is gained by the occupant inviting the bailiff into the house (many times because of nosey neighbours or poor weather conditions etc).

 

PS: I would suggest that the OP should ring the court to ask what the outcome of the hearing was.

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I didn't want to frighten the op by using that horrible word forced..


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