Jump to content

 

BankFodder BankFodder


prince percy

Reston CCJ now warrant

style="text-align:center;"> Please note that this topic has not had any new posts for the last 445 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Having got some great advice hear about dealing with a CCJ application i was wondering if anyone can help on a CCJ that has already been granted in the court and is now with the bailiff due to me not being able to afford payments.

 

I didn't realise i could defend the claim when it was issued so i think i just ignored it and a CCJ was awarded for £50 per week.

 

I couldn't afford this and tried to negotiate with Restons to reduce but they were unwilling to help so have sent a bailiff round.

 

i told bailiff that i was getting advice from Step Change and was going to fill a court form to amend the order.

 

I havent done this yet as i can't afford the £50 fee and dont qualify for the fee to be dropped.

 

My question is

can i try and get the order struck out or ask for information like COA and other documents that i never received during their process?

 

Sorry if this is on any other threads!

Share this post


Link to post
Share on other sites

Ignofe the bailiff nothing they can do

 

Pay what you can when you can.

 

Whats the debt about and how much


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Did the Baliffs enter your property.

 

Were they county court baliffs ?

 

Is this a consumer regulated debt under the consumer credit act 1974. ?

Edited by Andyorch
spacing/edited

Share this post


Link to post
Share on other sites

as you say if the bailiff has not gained entry

theres nothing they can do

esp if its CCA regulated.

no consumer debt CCJ gives any bailiff the right of forced entry.

 

ignore them.... but as the op has not returned we can only speculate.


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Given that this is Restons...then we are 99.99% sure its a CCA1974 regulated agreement....and therefore its the county court bailiffs.

 

Given that the poster stated they intended to submit an N245 (court form) ? and informed the CC Bailiff the same..but at present cant afford the fee...its safe to assume the Bailiff will work with the Judgment debtor..unlike HCEO.

 

To the OP ...... you cant get the order struck out or ask for information like COA and other documents...you can suspend the Warrant using the N245 (fee £50) at the same time you offer an affordable monthly payment or you can make application using the N244 (fee £255 with hearing) to set a side the Judgment...assuming you have a valid defence.

 

 

Andy

Edited by Andyorch
edited

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Good morning,

 

Sorry for not responding to all your helpful replies. For some reason i didn't get any email notifications of the responses. so did't know there had been a reply.

 

The bailiff is a county court bailiff, he spoke to my wife when he called and was actually quite helpful. They haven't been inside the house but we do have a couple of cars which i am worried they may take although they are only worth about £500 each. We also actually have nothing of value in our house anyway. TV is over 10 years old and all our furniture is second hand. We aren't what i would call poor but with a high rent on our home and 3 kids we don;t have much spare once we have paid for everything.

 

Having read some other posts i don;t think i would have a defence to set aside the order because when the claim came in i filled in the income and expenditure and returned the forms without a defence. I didn't really know what i was doing.

 

I think i will try and suspend the warrant for now. The bailff hasn't been back since but my wife is worried that he will come back and take stuff.

Share this post


Link to post
Share on other sites

Suspend and offer an affordable payment using the N245...you cant just suspend it without reason.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

I was planning on sending income expenditure with a reasonable offer. Planning on doing this soon as i think Restons will apply for an attachment of earnings.

Share this post


Link to post
Share on other sites

No n245 should of done this 2 weeks ago


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...