Cabot backdoor CC for Newday Card - Now Warrant of control

[Will Goodfellow]

There is no point in applying for an instalment order if you have no money to pay, and no point in applying to set aside if you don't have grounds to contest the CCJs. Were the debts statute barred?

 

Gather information about all of your debts and consider applying for a Debt Relief Order if you are eligible, this will write off all of your qualifying debts and you can forget about them. Although it will affect your creditworthiness for the next six years.

[AndyOrch]

" There is no point in applying for an instalment order if you have no money to pay, and no point in applying to set aside if you don't have grounds to contest the CCJs "

 

The reason for the application is to convert it from Forthwith to Monthly and stay the current WOC also to stop further Bailiff attempts.The sooner the court are aware of the OPs financial situation the better.

 

Who mentioned anything about setting a side ?

[Will Goodfellow]

There doesn't seem to be much point paying £50 to vary the order when Cloverfield has no disposable income to pay the debts of £8k plus in reasonable instalments each month. She doesn't own property, doesn't own a car as she uses her son's motability car, doesn't have disposable income over £50 a month so if the total debt is under £20,000, the £50 fee would pay more than half the £90 cost of a DRO.

 

Even if the order is varied, one missed payment can result in enforcement action starting all over again. It's just delaying the process for a while.

 

On ‎06‎/‎04‎/‎2019 at 18:23, Cloverfield said:

Also, my son has a Motability car that I'm registered to drive, can they take that?

 

Definitely not. They cannot take any motability cars.

Edited April 12, 2019 by Will Goodfellow

[Peterbard]

If she had no money wouldn't she be a candidate for fee remission under ex 160?

 

I agree about the sums available to her, the variation can also be used to report that she cannot afford to pay anything of course.

The point is to get the bailiff off her back if supported by evidence and a sworn statement the court may suspend execution completely.

 

 

[AndyOrch]

Precisely 

[Will Goodfellow]

6 minutes ago, Dodgeball said:

If she had no money wouldn't she be a candidate for fee remission under ex 160?

 

It depends on her partner's income, possibly not. Carer's allowance is not classed as income in the calculation.

[Peterbard]

On 09/04/2019 at 13:42, Cloverfield said:

I pay £50 per month to CT arrears so I'll list that in priority debts. 

 

I only have details of one CCJ (this one) and Northants couldn't tell me about the others as I don't have case/claim numbers. Does this mean I'll have to check my credit report? I've been reluctant to do that as it will definitely alert any other creditors to me, and so far they've just been fishing. Can I just sort out each CCJ as they crop up instead? At least I'll know what to do and how to fill in the forms.. I know you can bundle CCJ's together if they are less than £5k, but mine are over that amount. 

 

My head feels like it's going to explode!

2

Not sure what you mean by bundling together CCJs, could you clarify. 

 

Apparently, you can claim if your hubby brings home less than £545. a month. Don't count your allowance and mention your disabled son on the form, any problems, ring the court you are applying to.

[Cloverfield]

I read that you can include all CCJ's in one application - saving money on fees and making just one monthly payment. Irrelevant as total debt has to be below £5k.

 

Husband earns more than the threshold, so I didn't qualify for help with the fee.

 

I followed the advice given here and sent the form and fee last week. I got a call on yesterday to say that as soon as the cheque clears, the application will be processed. In the meantime, he said he would make sure that the bailiffs were aware my son was autistic and would ask them not to visit. I don't know if that will actually work, but that's what he said.

 

If my low monthly offer is accepted, I certainly won't miss a payment. I'm not destitute, I just don't want my husband to have to pay for my stupidity. I want only my income to be counted and the money payable to come from me.

 

Thanks again for the good advice.

 

 

[ploddertom]

To be honest you would have been better off ringing the Bailiffs Office yourself and telling them you have submitted an application, they can then look out for it and in the majority of cases will put to one side until the application is heard.

[Peterbard]

Hi Plodd, good sensible advice, as usual, I advised the same thing in post 9.

[Peterbard]

4 hours ago, Cloverfield said:

 

I read that you can include all CCJ's in one application - saving money on fees and making just one monthly payment. Irrelevant as total debt has to be below £5k.

 

 

 

 

This is probably in relation to the second charge that bailiffs make, It can only be rendered when the debtor has not satisfactorily responded to the first notice and the bailiff calls at the property.

The Regulations state that this fee £235 should cover any other, simultaneous calls, for other debts that are on the bailiff's books.

 

Your priority is to ensure the offer you made in relation to the first notice you received is accepted, thus the second stage fee will not be due at all.

[AndyOrch]

This is County Court Bailiffs not HCEO..there is only one fee  £110.

 

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

 

" I read that you can include all CCJ's in one application - saving money on fees and making just one monthly payment. Irrelevant as total debt has to be below £5k. "

 

Incorrect one CCJ per N245..you can bulk CCJs on to a Time Order/DRO/Bankruptcy 

[ploddertom]

Dodgeball is referring to Bailiff fees and not Warrant or Writ application fees.

[AndyOrch]

County Court Bailiffs  are salaried civil servants employed directly by the court service......there are no further fees PT 

[ploddertom]

Obviously time for me to go and sit on the naughty step. I may be quite some time.

[Peterbard]

9 hours ago, Andyorch said:

This is County Court Bailiffs not HCEO..there is only one fee  £110.

 

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

 

" I read that you can include all CCJ's in one application - saving money on fees and making just one monthly payment. Irrelevant as total debt has to be below £5k. "

 

Incorrect one CCJ per N245..you can bulk CCJs on to a Time Order/DRO/Bankruptcy 

1

Yes, and as said they are generally quite approachable, and being salaried has a lot to do with it. Sorry, I was referring to EAs.

I can't think of any other situation where you get two for one.