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

[SallyCinnamon]

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. 

[AndyOrch]

Costs £108 to submit the N244 (without hearing)...you can do the same on the N245 for £14...your choice though as we have already been through this numerous times already here 

[SallyCinnamon]

You're under no obligation to reply, Andy, sorry. I do appreciate your help, though.

 

The cost of the applications isn't as important as me not having bailiffs turning up at my door, also I get help with fees so didn't have to pay for the N245.

The information on that page does seem to suggest that sending both would be a belt and braces approach so I will go with that and let you know how I get on - you may be bored with it but it may help someone else.

Thanks.

[dx100uk]

bailiff cant do very much at all.

just ignore them.

 

there is no right of forced entry as you are not resident in the claimants rented property.

 

N245 again.

 

[SallyCinnamon]

OK, thanks very much.

As I understood it, HCEOs have more power than normal bailiffs but I think you've dealt with W&R before on here.

[dx100uk]

no bailiffs have anymore powers than any other on a consumer credit debt CCJ

certainly no right of force entry.

=ZERO. effectively. just never entertain them.

 

dx

 

 

 

 

 

[SallyCinnamon]

Sorry if this is really annoying.  I've been reading through similar cases and although I delivered the N245 today, I do want to fill in a N244 just to be on the safe side. I got a help with fees number so it won't cost me.

 

My question is ... which court do I submit it to?

Clerkenwell & Shoreditch CC is where the CCJ originated and that's the court I entered on the N245.

W&R's enforcement notice cites Manchester District Registry as the High Court in the "enforcement details" box, the County Court is quoted below. 

It says "this debt is in relation to a writ issued in the High Court for enforcement".

I found a similar case on here where the lady submitted a N245 and ended up also sending in a N244 as the bailiffs came knocking (I know, don't let them in).

 

Am I right in thinking Manchester District Registry goes in the "Name of Court" box?

 

Thanks 

[dx100uk]

that will be their local court.

 

there is really no reason to submit an n244 to counter bailiffs when you've already done another n245, though you've taken a week dithering about it, so you can't really be that bothered about bailiffs. you are seriously worrying about nowt.

 

it may well be that an n244 might be more useful to set aside the original ccj a bit later on?

you indicate that there were bogus deposit return refusal issues due to a made up damages claim?

 

so how do you know the sum on the CCJ is correct?

 

have you got a copy of the original claimform particulars of claim?

do you agree with what is says and the sums it claims?

 

 

[SallyCinnamon]

"Dithering" = being worried sick and unsure whether I've been given the right advice. Not wanting to doubt you and your experience but this is very important to me and I saw a case on here where the N245 didn't deter them and the HCEO sought control of goods; and I have a weaker case than that person as I missed the hearing.

Anyway, thanks.

[dx100uk]

they can SEEK all they like.

a control of goods order is useless to them if they cant get at any 'goods' 

 

you are under no legal obligation to let them in and they can't force entry... simples. 

 

as andyorch said, the missed hearing was a hearing you didnt need to attend anyway.

and that doesn't 'further empower bailiffs' nor weaken your position.

 

im a bit worried you are p'haps also relating to things like you might have seen on a rather famous ch.5. bailiff tv series in the past.

they mostly operate on business debts and rent arrears CCJ's/evictions whereby the debtor is still living in the landlord premises.

you are not you've moved home.

 

try and stay positive not look for ways things can fail.

that only results in delays in you moving fwd. as has happened here.

it could all have been resolved by now had you filed that N245 a week ago...think about it..

 

you'll get there we will help you.

 

if we really were giving out' bad advice' i'm sure other members would out us on our threads and we'd be banned.

in 16yrs thats not happened.

 

dx

[SallyCinnamon]

Thank you, again, I'm sorry to be a pain.

OK, I submitted the N245.

I emailed W&R to tell them I had done so, and that I would be offering 25 a month.

got this response from them, today, is it safe to ignore?

My current address is on the N245 but I haven't volunteered it to the HCEO, i just told them I was no longer at my previous address, assume they will have to wait to find out.

 

"an offer of £25.00 per month does not cover the interest mandated by the Court. The daily interest accruing on the balance is £1.72 per day. While we appreciate that you have written to the Court we are at this time instructed to proceed with enforcement action. An attendance will therefore be required."

 

 

[dx100uk]

The n245 stops the warrant and will probably remove their fees anyway . They might get the NOE or compliance fee, but as they have not to date reattended, they can't add more fees 

 

Just ignore them .

 

Simply money grabbers that trade on fear and unknowings 

 

Have you the original ccj claim form yet with the particular s of claim box?

 

Dx

 

 

[SallyCinnamon]

I should have that somewhere, although it may have got lost in the move. Will try to dig it out.

If it's lost, can I get a copy from the court? 

No hurry to answer, enjoy your bank holiday.

Edited June 2, 2022 by SallyCinnamon

[dx100uk]

you can ring northants bulk and ask for the particulars of claim from the claimform by email.pdf.

you'll need the CCJ number, and ensure you get the address it was served too also.

dx

 

 

[AndyOrch]

The particulars of claim and the Notice of Judgment will confirm if  interest can accrue post judgment...very rare it will allow. Section 69 ( 8%) is normally up to and until date of judgment only unless the claim was for more than 5K your Notice of judgment will confirm.

 

Andy

[SallyCinnamon]

Hi guys, there was a Removal of Goods notice served at my old address today. 

The new owner is a mensch and will not give them any details.  I will collect the notice over the weekend and see what it says exactly.

Presumably they will try this until the N245 is processed? Am I still OK to sit tight?

And yes, I know I should have delivered the N245 quicker. 

Thanks

Edited June 17, 2022 by SallyCinnamon

[dx100uk]

Yes you'll be fine 

Wouldn't of mattered if it was posted through your door, as you wouldn't of answered the door anyway 

 

Nothing they can do, no right of forced entry as we've said many times already 

 

They'll simply give up and return the debt to their claimant pennyless .

 

Dx

 

 

[SallyCinnamon]

Thanks, sorry to keep making you repeat yourselves.  And on a hot day, too.

Appreciate your responses. 

[dx100uk]

Hot day...not been above 13c for the last 17days where i am.

overcast drizzle almost 24/7.

 

Bloke living in your old home sounds a blast....

 

 

[SallyCinnamon]

Hiya, just to update you, they've now posted another enforcement notice - with a deadline of next week before action - to my new address. Presumably found that via the court document? I've not had any acknowledgement from the court of my new N245. 

 

I need to check whether the deposit that was in dispute is still sitting with mydeposits so I will dig out the paperwork this week. 

Also wondering whether it is worth going for an IVA if the court don't agree to my recent offer.

 

Meanwhile, if they turn up I will talk to them through the door.

 

 

[dx100uk]

no please dont do an iva.

 

did you send n245 to northants bulk?

you need to ring the court and findout what is going on..

 

 

On 02/06/2022 at 18:44, dx100uk said:

you can ring northants bulk and ask for the particulars of claim from the claimform by email.pdf.

you'll need the CCJ number, and ensure you get the address it was served too also.

dx

 

 

^^^^ did you too?

 

dx

 

 

[SallyCinnamon]

Hi dx

 

No, I sent the N245 to the county court where the hearing was (London)

 

I haven't made any contact with northants bulk, shall try to call them tomorrow afternoon. 

 

I see the phone number is there in your link.

 

Should I copy the N245 to northants?

 

Thanks for help.  

Edited July 5, 2022 by SallyCinnamon

[AndyOrch]

8 hours ago, SallyCinnamon said:

Hi dx

 

No, I sent the N245 to the county court where the hearing was (London) Which is correct MCOL didnt issue the warrant 

 

I haven't made any contact with northants bulk, shall try to call them tomorrow afternoon. Dont bother execution has no connection with MCOL

 

I see the phone number is there in your link.

 

Should I copy the N245 to northants? No

 

Thanks for help.  

 

Your County Court which issued the Warrant is the correct place to submit the n245

Andy