£800 Rent Arrears CCJ - judge said £100PCM - couldn't pay - now HCEO £1245 Writ - confused on N245 use?

[thebatman91]

Hi

 

I'm a bit confused with the situation I am in at the moment..

 

December 2012 , I had sued an ex Landlord for property that had been taken by him.

the judge decided that I owed him £1200 rent arrears and he owed me £500 + a fridge freezer returned

 

I chose to have my £500 taken off the £1200 rent arrears thus the outstanding £800 as what I owed as part of the CCJ

 

the judgement was I pay £100 per month to the other party for 8 months

 

I can not afford this and stupidly agreed in court to it, I dont know why if I am honest.

 

I receive £67 per week and bills/household essentials & food/child costs leave me with £15 per week remaining typically.

 

so per month I have approx £60 left after outgoings.

 

2 months ago I received notice of writ Fieri facias, called around could find out NOTHING and nobody could help, seriously nobody even the court had no idea.. so I gave up.

 

 

I had a letter through the door Friday from a bailiff demanding £1243.43 by Today ( Sunday 23rd June )

 

Immediately I downloaded & took in to court a N245 form & got a receipt from the desk.

 

I offered a monthly payment of £40

 

I am obviously concerned about what happens next.

can the bailiff return now the N245 has been submitted?

 

do I get a letter confirming the outcome of that N245?

 

thanks everyone.

[ploddertom]

Do I understand it that you have only applied for a Variation Order? If so then that in itself will not prevent enforcement continuing. Are you also sure you can afford the money you have offered? The chances are your Creditor will refuse the offer you have made and any payment may be determined by the Court, it may be that they can decide without a hearing but if your I&E doesn't stack up they may decide a Hearing is necessary.

 

To prevent enforcement continuing you need to apply for a Stay of Execution against the HCEO. This is applied for on Form N244 - cost £80 unless you are entitled to exemption. This is not as straightforward to fill in but can offer some help with that if you need it. If granted this will halt all further enforcement & charges. If you decide to do nothing then the charges will rack up at an alarming rate.

[thebatman91]

thanks ploddertom

 

I ticked both boxes on the N245 form

 

as that was all I was aware of and not the N244

 

so, will he be able to carry on calling even now the N245 is in?

 

Ill download the N244 now though and get it in.

 

thing is, I have no proof of benefits linked to the address that the court used in the judgment and they wont accept it's my grandmothers adress. so I cant submit an n244 at £80 as I cant show proof of benefits!!

 

UPDATE:

 

phoned the county court and enquired about the N244/N245

 

they said the N245 was to suspend the warrant & have the claimant decided if my offer is acceptable, if he refuses the court will decide.

 

the n244 is if i am disputing the judgement , which I am not.

 

the court said I would have to inform the bailiff of the N245, which I just did.

 

the bailiffs office said

"until we receive notification of the N245 form from the court we will continue to carry out the warrant.

also put it in writing.."

 

ill email it now and write a letter.

 

about the call the court again to tell them the situation and see what they say

as surely they should not be able to call now that the n245 is in?!

[ploddertom]

thanks ploddertom

 

I ticked both boxes on the N245 form - the other box was to Suspend the Warrant - unfortunately that is for a warrant of Execution carried out by the County Court Bailiff and is not applicable in this case as enforcement is carried out under the auspices of the High Court.

as that was all I was aware of and not the N244

 

so, will he be able to carry on calling even now the N245 is in? Until such time as either the debt including all charges is paid or a Stay of Execution is obtained then he will continue to calll. If you can show you have no goods that can be seized or they are of little worth then the HCEO can return the Writ to the Creditor but if that happens there is nothing stopping them employing the services of another HCEO and it all starts again. The Writ is valid for 12 months but may be renewed upon request.

 

Ill download the N244 now though and get it in.

 

thing is, I have no proof of benefits linked to the address that the court used in the judgment and they wont accept it's my grandmothers adress. so I cant submit an n244 at £80 as I cant show proof of benefits!! That should make no difference as the Benefits are granted to you and not an address, therefore as long as they are in your name you should be OK.

 

Of course if the HCEO visits and can not gain entry then he is not going to keep coming back, how many visits he makes before this happens I do not know but would envisage after 4 he may realise he is getting no where but as said above the Creditor could employ someone else. Which firm of HCEO's are coming?

[thebatman91]

thought as much regarding the fact this is a HCEO rather than CCB

 

further update:

 

the court have spoken to the claimant and they faxed him a copy of the N245 whilst on the phone

and now await a return fax from him, with his response to the payment offered.

 

they will also contact the bailiffs office and explain this all to them, but if that will make any difference is another kettle of fish

 

until I receive a new order from the court I will keep all doors & windows locked and refuse all access.

 

pain in the boom this!

 

*** its the HCE group of bailiffs ***

[HCEOs]

Most HCEOs are contracted to make a minimum of 3 visits.

 

Whether they make any more than this will likely depend on the type of property they are visiting and the possibility of getting paid.

[thebatman91]

I can pretty much already bring this topic to a close, for now anyway

 

 

the claimant accepted the repayment offer and I have now received a new court order stating I pay £40 per month from July for the £800 judgement.

 

best outcome I could have hoped for and vow to keep my end of the deal.

 

thanks for the help all,ill stick around as I have found the forums most helpful and interesting!

[brassnecked]

Happy you are sorted

[ploddertom]

Did you ask them about calling off the HCEO?