N245 Help Please

[EmmaB33]

Hello,

 

I am looking for some quick help please.

 

I have a County Court Bailiff who is attending my house regularly.

 

 

I have refused entry many times.

 

 

I am aware I need to pay this money, but paying is difficult with my income.

 

The CCB keeps bringing me and hassling me to fill in an N245 form and one for a reduction in fees.

They say it's to suspend the Warrant of Execution.

 

My problem is that I have never had to do this before and I find it hard to believe that this bailiff is bringing me the answer.

 

 

Is there anything I should know about this form/process?

 

1. Will it give the bailiff any powers to come into my home?

 

2. If I submit the help with fees form and it's rejected,

do I then get a bill which results in bailiffs, or does that form get submitted first?

 

3. The Bailiff keeps pressuring me to give the forms back to them,

but would it be better for me to file them with court myself?

 

4. What can happen if I don't follow this route and still refuse the bailiff?

 

 

Is there any other route to sort this out?

 

That's it really.

 

I did look for the answers first.

 

Thank you in advance

 

Emms

[dx100uk]

the variation of a court order N245 is a very useful tool for debtor with a judgement they cant afford.

 

 

what the debt all about

tell us the full story please

[EmmaB33]

I crashed a car, one that I hired... the accident was completely freak and three or four cars crashed behind shortly after we did. Turned out there was Ice, could have been anyone.

 

Problem was, the excess on the Hire Car was £1000

 

I tried to sort this out with the company before hand, but they were very difficult.

[dx100uk]

ok so they got a CCJ and the county court Bailiff

is trying to enforce it

 

 

they are on you side and will help you.

 

 

follow his guidance, fill it out and return t

might help to do a budget sheet too if one is not included.

 

 

you should have defended the CCJ.

 

 

did you simply ignore it?

 

 

and they got a default judgement?

 

 

dx

[EmmaB33]

I couldn't get to court sadly, I don't walk well and rely on others.

 

Yeah they did get a CCJ and that's what they are trying to enforce.

 

I was just very wary of them and have been very nervous about sending these forms in.

[dx100uk]

not getting to the court is not an issue as such.

 

 

did you not defend the claimform?

 

 

dx

[EmmaB33]

Yeah I did, but after I received the CCJ and I called them,

they said they had no record and to deal with the bailiff...

 

I gave up following that line after we came to a stalemate,

 

 

I had sent it in, they hadn't got it.

 

 

All they said was I'll have to deal with the bailiff,

that they were lovely.and not to worry.

 

 

My defense anyway was only that I had already tried to come to arrangements with the hire people

and they had refused my offers and that the agreement said that the excess was due,

not that it was due immediately.... and that I would pay.

 

Not sure that would have made the slightest difference, but I suppose there wouldn't have been a CCJ.

[dx100uk]

mistakes made, the court bailiff can see that

and that's why the n245 has been pointed too

 

 

p'haps it might of been better to have come here sooner?

 

 

anyhow damage done

run with the n245

and p'haps challenge things overall with help from those in the know later.

IMHO you got stitched up

and the bailiff is eluding to such?

 

 

dx

[EmmaB33]

Yeah possibly, but like you say, it's done.

 

Would I be better filling these forms in and submitting them myself? I can get someone to take me down and that will give me a short time to get the forms right. Just that the bailiffs are pushing me for them and I don't want it to go wrong anymore.

 

Do I send in the help with fees form first?

 

Just a thought: Is there any way to reopen the case to defend myself again?

[Ell-enn]

Hi, did the bailiff leave you a N245 form ?

[AndyOrch]

Yeah possibly, but like you say, it's done.

 

Would I be better filling these forms in and submitting them myself? I can get someone to take me down and that will give me a short time to get the forms right. Just that the bailiffs are pushing me for them and I don't want it to go wrong anymore.

 

Do I send in the help with fees form first?

 

Just a thought: Is there any way to reopen the case to defend myself again?

 

You could make application to set a side of you have worthy defence...but offering to make payments before they issued the claim may not be deemed valid.

 

You would use the N244...the fee is £155 unless you can get the consent of the claimant and no hearing required the fee then drops to £50.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

 

Here is the N245 to suspend/vary

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

[ThedaBara]

I'd make an application to set aside. Have you contacted the court to see if they recieved your defence? TB