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


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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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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...

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

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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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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 

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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

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  • 1 month later...
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

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