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Rent arrears CCJ £10pcm N245 request rejected as i didnt attend - can appeal?


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I would appreciate some advice. I was taken to court by landlords, they won a judgement of £8k. I am on UC, as I told them before they took the action, with no assets, other than stuff I need and stuff that has no real resale value. 

 

rented the flat when I was in well-paid work,

Covid happened, I lost my job, couldn't move out as we were in lockdown,

racked up £2k rent and they wouldn't return my deposit due to made-up "damages".

 

The rent is costs.

I've run out of savings

 

i applied via a N245, offering to pay £10 a month. There was a hearing which I just missed - and my appeal was dismissed.

 

Can I make another application via the N245 form?

I could up it to £20 a month, but the £300 a month their solicitor suggested is out of my reach.

 

Does anyone have any other suggestions, please?

Thanks

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  • dx100uk changed the title to rent arrears CCJ £10pcm N245 request rejected as i didnt attend - can appeal?

Are you on your own or do you have family living with you?  This might have a bearing on any further advice, it hasn't got to Enforcement stage then, and have you moved out of the property the arrears are for?

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  • Andyorch changed the title to Rent arrears CCJ £10pcm N245 request rejected as i didnt attend - can appeal?

Topic moved to General Legal Issues Forum.

 

You could but why ? Applications to vary a judgment payment rarely require a hearing so your absence would have had little consequence on the outcome.....the completion of the n245 and your Income and expenditure figures would have determined the courts decision.

 

Given the current cost of living and energy prices since your submitted application I would just pay the £10 per month and should the judgment creditor not be happy...then so be it and its their choice if they wish to escalate the judgment by way of enforcement and add further costs.

 

The old adage...you cant get blood out of a stone springs to mind.


Andy 

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Hi Brassnecked, thank you for response.

 

I moved out of the property as soon as I was able, so in the summer of 2020. 

 

I am on my own. 

 

Thanks Andy - so I would get notice of their intention to enforce it?

I don't want a bailiff turning up and taking my stuff - it's got little resale value, but it's *my stuff*. I sold what I could already.

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A bailiff would be pointless as it would be like squeezing a stone hoping for blood in any case there is no right of entry for the bailiff as its civil not a criminal fine debt.  He can knock all he likes but you do not have to let a bailiff in, to do so would be a bad idea, also as is civil he cannot just force entry . They love cars outside to clamp, buit if no motor they are qa bit stuck.  Bailiffs have got into trouble for seizing third party cars not belonging to the debtor in the past. Don't worry about bailiffs there are ways to send them away if they do knock.

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Quote

Thanks Andy - so I would get notice of their intention to enforce it?

 

Yes and then you can submit a further n245 should you wish to submit a new monthly payment

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  • 1 month later...

Hello all, so I've just had a Notice of Enforcement from Wilson & Roe telling me to pay by 2 June.

 

Please could I have some advice.

 

They sent it to my old address and it was forwarded. They don't have my new address but the new resident at my old address does; I don't want to cause him any bother. On the other hand I don't want to give them my new address just now.

 

What should my first move be?

Am panicking a bit.

 

I'm on UC still, could (with the help of friends and family) offer to pay £30 a month rather than £10.

 

Main fear is having bailiffs picking over my stuff, as I've said before, it's little resale value but it's mine.

 

Thank you.

 

On 15/04/2022 at 11:18, Andyorch said:

 

Yes and then you can submit a further n245 should you wish to submit a new monthly payment

 

 

I should fill in an N245 and deliver to the court?

 

I have changed circs in that I've moved to a new address, UC are paying me more as I have rent to pay here, was staying with a friend before. 

 

Even so, £30 a month would be the most I could afford.

 

Should I respond to the Debt Enforcers at all?

 

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If you submit a further N245 you will be required to state your current address..Its important the court has this for future communications.

With regards to Wilson & Roe  the court will inform them so they will get your new address irrespective.....there really is no hiding so either submit a further n245 or deal direct with Wilson & Roe.

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Thanks Andy, I'm not planning on going on the run 😆 I just thought it would stall them.

I don't mind them having my new address if it's through the court system.

 

I was considering calling them to tell them that I had moved and they would hear from the court in due course, just as a courtesy to the new resident.

 

So, the main point is, shall I fill in a fresh N245 and deliver it?

 

As regards your "or deal direct with Wilson & Roe", is that wise?

I can be honest as regards how much income I have/don't have and offer £30 a month. 

Or, I could contact them and tell them my circumstances and that I'm submitting a new N245

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It would be better to have an agreement rubber stamped by the court ...there should be no need for a hearing if your application presents a truthful I&E and proposed monthly payment.

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Thanks, sorry to be a pain. 

 

If I deliver N245 by tomorrow to court, how to stop W&R turning up at someone else's house on the day next week? 

 

Should I just email them and tell them what I'm doing?

 

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Until the application has been processed by the court  Wilson & Roe will be unaware of the application and therefore possibly continue enforcement...if you wish to email them a copy of the application it may deter them but its not a guarantee.

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True...and they wont have your current address until the application has processed ...but there are other means of enforcement apart from control of goods

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It would be really helpful if you or somebody else could explain those other means to me, it sounds ominous and has got me more worried.

 

Sorry, but if I knew, I wouldn't be on here asking for help.

 

The letter says if I don't pay by that day they will seize goods. It says I can make an arrangement to pay with them but that requires a visit.

 

I thought the advice on here generally was "don't let them in, don't agree to anything you don't have to", hence my wanting to go through the court to set payments. 

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They could apply for an attachment to earnings or benefit.

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Oh, thank you! Oh well they can't take much of my benefit, can they? 

 

And would they be able to do this while the court are considering the N245

 

I've emailed to tell them that I've moved, have no connection to the new resident, and will be submitting another N245 with an offer to pay in instalments but am still on UC. 

 

 

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As Andy says always best to have a Court Stamped agreement there, the bailiffs can't then try to demand more as long as you pay the sum  agreed in the Court schedule regularly and without fail.

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Yes, I'm just a bit worried as there was a hearing after my first N245 application, which I just missed and the judge dismissed my application. 

So I'm wondering what goes on with a subsequent N245 application. 

 

They've also added £600 interest on, I didn't think they could do that once a Court agreed on a sum that I had to pay? Plus the compliance stage fee.

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On your N245 tick the box to suspend the warrant and a reduction in the payment installment 

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Would the Interest be EA fees for visiting?

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No, it just says "interest". It's not 600 exactly, I rounded it up in case someone is looking. It's roughly 8% of the sum that the court decided on last summer. 

 

On 24/05/2022 at 16:49, Andyorch said:

On your N245 tick the box to suspend the warrant and a reduction in the payment instalment 

 

Thanks, I filled it in correctly last time, the creditors baulked at my offer of £10 a month and their solicitors said they wanted £300.

 

I just missed the hearing otherwise I think I could maybe have persuaded the court that I don't have £10k under the bed.

 

Will try again and make sure I dot every i and go to any hearing early. 

 

Once again, I am very grateful for this forum. 

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That will be section 69 interest added to the judgment...which they are allowed to add to the CCJ.

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Hi, I've been looking at this Fact Sheet, and it suggests that I should file a N244 as well as an N245, please could someone advise on this?

 

"If the HCEO issues a notice and you cannot afford to pay all the money, try to make an arrangement to pay by instalments.

If you cannot come to an agreement with the HCEO, make an application for a ‘stay of execution’ on a court form called an N244. This application should be made to the court that issued the writ of control. You will have to pay a fee to make the application. Explain that you are requesting a stay of execution, with an offer of payment. This could be by instalments or a lump-sum payment of the whole amount by a certain date."

 

As the deadline the HCEO gave is next week I'm thinking this may be needed, noted that it has to go to the court that issued the order rather than my local county court.

 

After explaining how to fill out the N244, it then says:

  • "As well as applying for a stay of execution in the High Court, you should also apply to the County Court to vary the terms of the original county court judgment. You should ask the County Court to make an instalment order for the same amount and payment dates as you have requested in the stay of execution application. If the County Court accepts your application, and you keep to the payments, this will stop the creditor from taking most other types of action to enforce the judgment. See our Varying a CCJ fact sheet for more information."

Advice welcome as always. 

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