Warrent of execution

[rl123]

Hi

 

Looking for some help please?

 

my wife has just recieved a warrent of execution from the courts regarding an outstanding rent arrears, orginally I was taken to court and order to pay £50 per week which I was paying for the 1st two months, however it was an unrealistic payment I was making each month and put me in real trouble with other bills i missed. Now the claiment is pursing my wife for the arrears, who is about to have a baby actually due today? she does not work and is a stay at home mum. She also suffers from OCD and this is causing her real worry. the courts have asked for full payment of £3800 by the 19th May or they will send the ballifs around, obviously with a new baby just about to be born this is the last thing she needs. Me and my wife are on our own and do not have help from any family or friends. I work 6 days a week to try and support my wife and children however i am really struggling at present to try and keep onto of all my finances. I have no way of paying this amount before the 19th and realisticly could only afford a maximum of £50 per month. Can anyone advise what i can do to try and get this offer accepted by the courts ?

 

Thank you all in advance.

[citizenB]

I have alerted the site team to your question.

[rl123]

thank you very much

[paulson1985]

Hi

 

First of all you need to fill in a N245 form from the County Court to vary the order for payment. This will stop all bailiff action, be sure to offer a payment you can afford.

 

 

If you are in receipt of benifits you can fill in a EX160 for remission of fees.

 

I would give the bailiffs a call to advise him you are filling in the N245 form.

 

County Court bailiffs are usually decent people to deal with so I am sure you will be OK.

I would also alert them to your circumstances.

 

Good Luck and try not to worry.

[tomtubby]

Hi

 

Looking for some help please?

 

my wife has just recieved a warrent of execution from the courts regarding an outstanding rent arrears, orginally I was taken to court and order to pay £50 per week which I was paying for the 1st two months, however it was an unrealistic payment I was making each month and put me in real trouble with other bills i missed. Now the claiment is pursing my wife for the arrears, who is about to have a baby actually due today? she does not work and is a stay at home mum. She also suffers from OCD and this is causing her real worry. the courts have asked for full payment of £3800 by the 19th May or they will send the ballifs around, obviously with a new baby just about to be born this is the last thing she needs. Me and my wife are on our own and do not have help from any family or friends. I work 6 days a week to try and support my wife and children however i am really struggling at present to try and keep onto of all my finances. I have no way of paying this amount before the 19th and realisticly could only afford a maximum of £50 per month. Can anyone advise what i can do to try and get this offer accepted by the courts ?

 

Thank you all in advance.

 

 

In the first instance, I do hope that everyone goes smoothly with the birth of your baby.

 

Concerning your query. This is indeed serious...but can be sorted out very quickly.

 

As the debt relates to a County Court judgement in excess of £600, the creditor can, if he wishes, apply to have the case transferred to the High Court for enforcement. You really must do everything to avoid this happening.

 

You need to contact the local County Court for an N245 Application Form. This form is an application to vary the court order. Attached to it is a very simple income and expenditure calculation which you will need your wife to complete together with an offer of monthly repayments.

 

There is a court fee for submitting this application and the court will advise you of this.

 

You can also download a copy of the N245 from HM Court service website.

[rl123]

thank you very much i will get the form sent now, in your knowledge, if i can only afford £50 would this be acceptable to the courts ? as the debt is just under £4000. however with my other priorty debts this is all i can afford.

 

many thanks once again

[paulson1985]

The court will look at all your in comings and outgoings and make a decision according to your means.

 

They will also look at your circumstances I am certain you will be OK.

 

Good Luck but I am sure you will be fine.

[citizenB]

You might want to attach a budget sheet to the form for the court.

 

Ell-enn has provided a good one for someone else so I pinched it for you.

Edited May 11, 2009 by citizenB

[paulson1985]

Hi

As this form already asks for details of income etc. I do not think an income sheet is needed although it will not hurt to attach one.

 

At the beginning of the form it asks you to tick these boxes

 

I cannot pay the amount ordered I wish to apply for

 

Suspension of warrant

and or

A reduction in instalments

 

You need to tick them both.

[rl123]

thank you all very much really appriciate the advice. i had a better nights sleep last night. Thanks again

[paulson1985]

Glad you had a good nights sleep.

 

I am sure everything will work out fine.

 

Take Care

 

And Best Wishes with your new baby