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No problem, stay in touch and let us know what happens next. We'll be able to help you, try not to worry too much - the court will only order you to pay what you can afford.

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  • 2 weeks later...
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Just an Update....

 

I recieved the "Notice of Issue Warrant of Execution" today from Northampton County Court....

 

It says to pay before 6th Aug or the Baliff will call....and lists the adress to make payment to as my Local County Court in Liverpool....

 

I called the Liverpool County Court yesterday to ask them to send me some N245 form so im ready....they asked for the case number and confirmed that ther "Warrant of Execution" had been issued a few days ago on Friday but they hadent received it yet....as iv just got t today im guessing so must Liverpool....

 

Liverpool then went on to say that i would get a letter from them saying to contact the Baliff for the N245 form to "Susspend the Execution"....then i fill the N234 in and send it to the Creditor whom acrees my offer or if not it goes to the Court for a Judge to decide....

 

Just double checking with you experts if that all correct?

 

Thankyou....

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You send the N245 to the court not the creditor.

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Thankyou BRIGADIER2JCS....

 

Youve all been most helpfull in explaining the process and giving me the knowledge of the proceadure etc....armed with that iv not been worry atall realy as iv been able to clearly see the path....

 

Suppose its the Not Knowing that makes it worrying....

 

Thankyou....

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best to get ahead of the game. The N245 is online and if it were me I would submit it now. You may apply for a Variation & to Suspend on the same form. Cost of application is £45 but if on a low wage or certain Benefits then also submit Form EX160a for Fee Remission.

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Hi there, I have affixed an N245 so you can print it out ready for when you need it.

n245_form.pdf

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Also EX160 and guidance notes affixed

EX160.pdf

ex160a court fees.pdf

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I never got a letter from the Bailiffs but i called them to be ahead of the game,they said the Bailiff that would be dealing with my claim was away till the 9th Aug so they sent me the N245 and EX160 which iv filled in and sent away,with a letter explaing why im offering what i am so if BC rejects the offer the court will see that iv explaind why my offer is what i can afford....

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Did you send the N245 to the court? was it sent by recorded delivery? if not, ring the court and check they got it.

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....UPDATE....

 

I sent in my N245 and EX160 on Weds 1st class recorded,i called on Friday morning and they said they hadnt recieved it so i checked on the tracking number and it was deliverd that afternoon so they wont get it till Monday as thats when the Bailiff office is next open....

 

I got a letter this morning from the Bailiff saying i need to pay £172 within 24 hours or they will re-attend....this is the bit i dont get....

 

On the warrant from the court it says....

 

Total to Pay £172....

(including fees) on this warrant....

 

Ballance Outstanding £900....

(After payment of this warrant)....

 

So is the £172 the court and bailiff fees and are they to be payed seperate to the Ballance Outstanding of £900?....

 

Thankyou....

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Of course the letter has clearly explained that as one of your rights you do not:

1 - have to repond to them

2 - allow them entry

3 - pay them any money

 

In their defence the county Court Bailiff is fairly amenable and once he finds you have submitted the forms will usually decide to await the outcome of any Hearing. Best ring the bailiff Office on Monday and advise them of your submissions.

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The £172 is mostly made up of the court warrant fees (from memory I think it's £100) so only £72 would actually go towards the debt, but as you have entered an N245 to request montly payments you won't have to pay that. Although the £100 will be added to the debt I'm afraid :(

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Thankyou for your replys....

 

I think also its because they hadnt recieved my forms when that letter was sent on Friday....

 

They are there now according to Royal Mail tracking, so they will have them on Monday....

 

Il call them then to check....

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Called the Bailffs office on Monday and was told to call back on Tuesday as the Bailiff attatch to my case was away....

 

Called Tuesday and spoke to him....he says he hadnt recieved my N245 and EX160,even though i had it confirmed via Royal Mail tracking that it was delivered a few days before....

 

The Bailiff called me back a short time later and comfirmed it had been recieved and will now be procced and sent to the creditor....

 

So all thats as i expect anyway....

 

The Bailiff says the letter i got for the £172 is £100 for the Warrant and £72 to issue it....it was sent as at the time they haddent recieved my forms but now they have,that amount gets added to the debt which iv put in my offer to pay....so i dont have to pay that £172 seperate....

 

So....hopefully the creditor accepts my offer and if not the judge will decide what is fair and i can afford....

 

Thankyou all....

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That is a worry removed then, Mrconcerned - please keep us updated :)

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  • 2 months later...

**** UPDATE ****Iv just recieved a letter from Liverpool County Court....Pic attatched as its eayer than typing....To sum up....the Debt was £1072....the court ordered i pay £50pm....i filled out the N245 and the EX160 to wavour the fee and sent them to Liverpool Court....My offer was £10pm which the court have agreed....capturectb.jpgSo i just now have to send £10pm to Bryan Carter which i will do via cheque....iv still never contacted BC but im wondering if they will contact me to comfirm the detail and payment?....

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BC may not accept cheques, lots of firms have stopped taking them - I believe you can request a payment card from BC which you can use in post offices. Write them a letter (b y recorded delivery and keep a copy for yourself) asking them for a payment card.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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