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Hi All,

I desperately need advice.

 

I recently had a CCJ for £2,700 awarded against me for unpaid rent on a small workshop I rented from a private landlord. The amount was for the period I vacated the premises (paid upto date) and when he finally re-let the premises. knowing I had gone to work in Holland to get myself out of debt, this weathy vindictive man took me to court and was awarded what he asked for in my absence.

 

When I returned I immediately asked for the CCJ to be set aside and was informed that the case had been transferred by his solicitors to the high court (4 days after the CCJ)?

 

I have now had a bailif call threatening my wife, the debt has increased to £3200 and he tells me that I will be paying £16.00 per month interest . I have explained my situation and offered £50 per month which he has refused and has said that unless I pay £100 per month plus the monthly interest charge for the duration of the repayment period he will apply for a bankruptcy order and declare me bankrupt

 

Can anyone please advise what I should do as I'm not sleeping with the worry as my wife and two small sons are at home whilst I'm working away

 

Thank you for any advice you can give

 

Richard

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When I returned I immediately asked for the CCJ to be set aside and was informed that the case had been transferred by his solicitors to the high court (4 days after the CCJ)?

what happened to the set aside request? what grounds were you applying for the judgment to be set aside under?

 

I have now had a bailif call threatening my wife, the debt has increased to £3200 and he tells me that I will be paying £16.00 per month interest . I have explained my situation and offered £50 per month which he has refused and has said that unless I pay £100 per month plus the monthly interest charge for the duration of the repayment period he will apply for a bankruptcy order and declare me bankrupt

 

you could apply for a stay of execution at the high court and make a reasonable offer to the court directly.

 

How to apply for a stay of execution [taken from the NDL website]

 

If you cannot come to an agreement with the enforcement officer you should make an application for a 'stay of execution' on a court form called an N244. A court fee of £50 is payable. The N244 should state that you are requesting a stay of execution with an offer of payment - to pay by instalments or a lump sum payment of the whole amount by a certain date.

 

High Court orders allowing you to pay in instalments are unusual but these may become more common since 26 April 1999 when the rules changed.

 

If the High Court does make an order for payment by instalment, you can apply to reduce or 'vary' the payments if you have a change in circumstances.

  • The application for a stay of execution must be accompanied by an 'Affidavit of Means'. This is a financial statement, written in a specific form - see the example at the end of this fact sheet.
  • The affidavit has to be 'sworn', for example, before a solicitor unconnected with the case or a justice of the peace (JP). A fee is payable of between £5 - £8.
  • Instead of the affidavit, you could use a 'witness statement'. This is the same as an affidavit but instead of swearing it you sign a 'statement of truth', which is on the back of the N244.
  • You need to make three copies of the N244 and send (by first class recorded delivery) or take them to the court along with your affidavit of means or witness statement and the fee.
  • You should ask for a hearing date as part of your application. The court will then set a hearing date and give you notice of this when they send the application form back to you.
  • You must then post (again by recorded first class post) or take the form N244, notice of hearing and affidavit of means or witness statement to the creditor or their solicitor.

WARNING

The paperwork must be received by the creditor at least four working days before the hearing.

 

Can anyone please advise what I should do as I'm not sleeping with the worry as my wife and two small sons are at home whilst I'm working away

 

are you in mortgaged or rented accomodation?!

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