lowell Cap1 Card CCJ - Warrant of control help!

[Bailiff Advice]

I am receiving esa benefits because I have epilepsy, and one of the major triggers for me is stress. And I also suffer from severe anxiety. Do I mention that to them?

 

Almost certainly you need to bring your vulnerability to the attention of Lowell's. Your level of stress will only get worse the longer that you leave this to get resolved.

[AndyOrch]

Beckz1205 please just follow my advice in post #34 above...time is ticking.....take control.

 

If you need help wording the applications just post...get them completed and filed.. either posted or emailed or taken to the court in person today if possible.

 

Andy

[Bailiff Advice]

Where will I find that?

 

Its assumed that the letter is from HMCourts. Can you confirm that this is the case.

[Beckz1205]

You obviously have not had many dealings with Lowell they would sell you grandmother for a £100 judgment to recoup payment.......submit an n244 and ask for a redetermination of the judgment amount £50...whether you wish to submit the n245 also to stay the Warrant is your choice for good measure.

 

This way the Court controls the monthly payment...not the DCA

 

Andy

I do not have any facilities to print out the form and send t by post today. And travelling all the way into my town on public transport is not an option due to my epilepsy and anxiety.

[Beckz1205]

Its assumed that the letter is from HMCourts. Can you confirm that this is the case.

 

There is a return address stamp on the front of the envelope which is the address for my combined court? I would post a picture but I can't upload one for some reason.

[Bailiff Advice]

I do not have any facilities to print out the form and send t by post today. And travelling all the way into my town on public transport is not an option due to my epilepsy and anxiety.

 

The N244 can be submitted to the court electronically. You need to read the explanatory guidance.

 

I cannot stress on you the importance of ringing Lowell to explain your personal circumstances and that the repayment is not affordable and that you are looking at applying to the court for the order to be varied.

 

I would also suggest that you telephone the court to inform them that you have received the Notice of Issue of Warrant and that you are submitting forms to the court to vary the order. By contacting the court, a note will be put on the court record and seen by the Bailiff Manager.

 

PS: There is no need to worry about the forum seeing the letter. We just wanted to clarify that it was from the court and it is.

[Beckz1205]

I have been in touch with the court and they have said they can send me the n244 form in the post.

 

 

I just need to get back to them with my address.

Do I just need this form?

Or the n245 and the exempt form so I don't have to pay the fees?

[AndyOrch]

I have been in touch with the court and they have said they can send me the n244 form in the post.

 

 

I just need to get back to them with my address.

Do I just need this form?

Or the n245 and the exempt form so I don't have to pay the fees?

 

You dont need them to post them..thats another 3 days...click the links in my post#4..complete on screen and email...takes 5 mins and done....no printing no posting.

 

Making hard work of this Beckz

[Beckz1205]

When I click the links it only opens a PDF file which I cannot edit?

[AndyOrch]

When I click the links it only opens a PDF file which I cannot edit?

 

Work fine for me..simply type your details onto the form and save..if you make an error click reset.

[Beckz1205]

ok, I've managed to get the link working on my laptop, I shall fill out the form, although some of the questions I am unsure of. After I have completed it do I download it to my laptop (clicking the download button on the page) and email it to the appropriate address at bradford combined courts?

[Bailiff Advice]

Beckz Earlier on today, I suggested that you phone the court and ask whether you can enter into an affordable repayment plan of £20 per month. BA also suggested that you phone Lowell with the same proposal.

 

The court cannot accept a payment arrangement over the telephone. The court will direct Beckz to submit a Variation Order (N245) which hopefully is now being pursued.

[AndyOrch]

You cant ring the court to ask if you can enter into an affordable plan...you submit an N244 for redetermiantion.

 

Loweel have already refused any suggested payment plan except £50

 

The matter wont be resolved if successfully agreeing a plan with Lowell (which wont happen anyway) because the OP has no control when they decide to up it every 3 months...hence the n244

 

In Beckz case she has not even applied for exemption as yet so HWF code is irrelevant. If you don’t have a reference number (this might be because your case hasn’t started yet) leave this question blank.

 

The above wont cost anything either...its secure and set by the court..peace of mind...and the only way to deal with Lowell...believe me.

 

Andy

[Beckz1205]

The OP has complete control because it would be her way or the highway. She doesn't have to pay a penny if she doesn't want to and the debt would then become almost unenforceable.

 

These forms are very daunting for people and they regularly need help in filling them out. The OP in this case has struggled to identify the name of the court, even though it is listed on the notice. She certainly appears to need help filling out this form (and the online application for help with fees)

 

If there is a way to resolve this without the need to submit the application then it should be at least attempted, especially given that all it would cost is 5 minutes of the OPs time.

 

I haven't struggled to find the name of the court? I said up there it was bradford combined courts, and I also said I rang the court earlier so I obviously knew which court it was to contact them. I said I was unsure of what exactly is needed in some of the boxes and I can imagine a lot of people need assistance filling them out, hence the guidance notes.

[brassnecked]

Only safe option is redetermination by court so that Lowell are put in their box, and cannot keep upping the payment.

[AndyOrch]

I haven't struggled to find the name of the court? I said up there it was bradford combined courts, and I also said I rang the court earlier so I obviously knew which court it was to contact them. I said I was unsure of what exactly is needed in some of the boxes and I can imagine a lot of people need assistance filling them out, hence the guidance notes.

 

Happy to guide you through the forms Beckz...if you post what you dont understand...although most is self explanatory.

 

Regards

 

Andy

[Beckz1205]

i have come across this link for help with the fees and costs.....http://www.gov.uk/help-with-court-fees

can i use this to fill in the form instead?

[AndyOrch]

Ex160 seems far easier...not familiar with that one.

[Bailiff Advice]

By far the best information about submitting the N244 and applying for relief from paying court fees is from the following page. You need to scroll down to the third document.

 

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

[Beckz1205]

ok I have submitted the EX160 online and received the ref code that starts with HWF.

 

now i am on to the N244 form and I am definitely going to need some help with what information I need to enter and where to find it etc as i am not finding the guidance notes very helpful.

 

To start with I need help with name of court.

..is this bradford combined courts?

 

claim number and warrant number,

ive found the warrant number on the warrant of control and I have a case number on that too, is that the same thing?

 

claimants name and reference-is this Lowell?

and I have a creditors ref on the letter

, is that the same thing?

 

Defendants name and ref

- I assume i am the defendant but dont know about the ref?

[Bailiff Advice]

Sorry Beckz, I ran out of time and the 10 minute edit facility took effect.

 

The Order that you are applying for is a redetermination of a County Court Judgment under rule 14.13 of the Civil Procedure Rules.

 

You will need to explain that you cannot afford the payments that you have been ordered to make. You will need to outline an amount that you can afford to pay. You will need to include a short Income & Expenditure.

 

The form will also ask whether you want to have a hearing. This has to be your choice. Many times, it is better to ask for a hearing as you will then be given the opportunity to speak with the Judge.

 

If you would prefer not to attend court in person, you will need to include the witness statement with evidence to show why you cannot afford the amount previously ordered.

 

The court will decide whether or not the rate of payment should be reduced.

[Beckz1205]

I'm confused now,

one of you is saying I'm the claimant, one is saying the defendant?

 

on the judgement form is says lowell are the claimant.

 

The letter at the top of the judgement and warrant just says county court business centre.

 

On the judgement letter Bryan Carter solicitors is also mentioned?

 

I am filling this form out online to save and email and the spaces are not that big.

[Beckz1205]

Are 6,7 and 8 left blank?

[Beckz1205]

I've clicked the no hearing box on account of my epilepsy and anxiety

[Beckz1205]

I am assuming that because i am filling this in online, where i need to sign do i just type in my name?