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N244 with installment was rejected

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  • N244 with installment was rejected

    Hi I am new to the forum and in desperate help. My previous landlord tried to apply to the courts for an attachment of earnings order. I contact a debt advice agency and they advise me to complete the form and apply to the court to reject this action as I would lose my job as I work in the finance sector. This was granted, I would have lost my job, I have only returned to work recently having been off sick due to an operation. That is why I end up in this situation with my ex-landlord.
    Then I received a letter from High court enforce for balifts action, I send all documents budget expenditure a letter explaining my financial situation with N244 and N245 for a stay of execution both forms cost £100. I also offer to pay an installment for £10 every month which I can't afford but I am will to sacrific to make this payment, the debt for rent arrears is £4500, I did request a hearing and if this was accepted for the courts however the claimant has rejected my offer and the court states that ''And it appearing to the court that the defendant's offer would not result in payment within reasonable time. The court directs that..I need to give reason for re-consideration. I have 14 or 7 days I am not sure. I am a single mum and I have tried everything possible to explain I can't pay this debt in full. I honestly dont have the money to pay. I dont know where else to turn or what to do. I dont know awhat else to do, I dont own anything. I have been advice balifts will be coming to my home. I have seek debt advice and have contact my creditors to make nomial payments. The money I pay for the court fees was given to me by a close friend. I am working full time, but dont qualified for legal aid. I am in debt of over £12,000. I was hoping to have a chance in court to speak to the judge. Also when I contact the court to ask what does the letter mean everytime the people whom I speak to are very rude and put the phone down, the lady I spoke to say just pay another fee for anothe N244. Please if anyone can offer me advice, please. I dont want balifts coming to my home, my child and I are having serious health issues, I just dont know where to turn..
    Tags: None

  • #2
    Re: N244 with installment was rejected

    Pardon me for saying so but does the fact you have a CCJ not impact on your employment as you are in the financial sector as it is only a matter of time before your employer becomes aware.

    What did you apply for when you made your applications on:
    1 - Form N244
    2 - Form N245

    Did you submit your I&E as requested? What was your disposable income? What letter have you received from the HCEO & when - did it also give you a date to respond by?

    Comment


    • #3
      Re: N244 with installment was rejected

      Originally posted by ploddertom View Post
      Pardon me for saying so but does the fact you have a CCJ not impact on your employment as you are in the financial sector as it is only a matter of time before your employer becomes aware.

      What did you apply for when you made your applications on:
      1 - Form N244
      2 - Form N245

      Did you submit your I&E as requested? What was your disposable income? What letter have you received from the HCEO & when - did it also give you a date to respond by?
      Not at the moment, I will be having a meeting with my union this week to discuss what is happenning. I applied for N244 and N245 and a statement with my budget. What is an I&E? I have nothing left after my priority debts are paid. The letter I received from the HCEO state they want payment in full and the will be at my property in 7 days.

      1. I then submit the N244 & N245 the court grant the stay of execution to stop balifts.
      2. Then the next letter state from the court states the claimant objection payment would not be made within a reasonable time...
      THE COURT DIRECTS defendant applies within 14days and give reasons for re-consideration, the Claimant may enforce payment forthwith.
      Also it states I have 7 days to reapply again.
      I contact the court and was told I need to pay another £50 with N244. Which I dont have.
      Recently I have not yet received any letters from the HCEO.

      Comment


      • #4
        Re: N244 with installment was rejected

        I suggest you discuss with your union whether you would be able to keep your job if you get a Debt Relief Order given your health problems and the fact you are a single mum. More about Debt Relief Orders here: http://debtcamel.co.uk/debt-options/...relief-orders/

        Your rent arrears occurred because you were unable to work? What sort of a finance job do you have that doesn't give you sick pay? Did you apply for Housing Benefit to help with the rent? If you did and this was refused, what were the grounds?

        Comment


        • #5
          Re: N244 with installment was rejected

          Originally posted by Debt Camel View Post
          I suggest you discuss with your union whether you would be able to keep your job if you get a Debt Relief Order given your health problems and the fact you are a single mum. More about Debt Relief Orders here: http://debtcamel.co.uk/debt-options/...relief-orders/

          Your rent arrears occurred because you were unable to work? What sort of a finance job do you have that doesn't give you sick pay? Did you apply for Housing Benefit to help with the rent? If you did and this was refused, what were the grounds?
          I should think a DRO would be most damaging for anyone working in the financial sector since it's a form of personal insolvency and therefore even worse than a CCJ. :mmph: The problem is that, like everything else, it will be on record for six years and even if the OP manages to keep their current job, a lot can happen in six years, they can be made redundant, etc. and when it comes to applying for another job, the DRO would get on the way. In the financial sector, even a single default can mean a job offer being withdrawn.

          Comment


          • #6
            Re: N244 with installment was rejected

            I should think a DRO would be most damaging for anyone working in the financial sector
            There are many people who worry needlessly about the effect of defaults / CCJs / insolvency on their employment. That is why I suggested speaking to the union rep about it.

            Most jobs where a DRO would cause a major problem will have much the same reaction to a CCJ. It is possible the poster is in one of the pretty small number of jobs where a CCJ is fine but a DRO is not but it's unlikely.

            Comment


            • #7
              Re: N244 with installment was rejected

              Originally posted by DMJ515 View Post
              Not at the moment, I will be having a meeting with my union this week to discuss what is happenning. I applied for N244 and N245 and a statement with my budget. What is an I&E? Income & Expenditure. I have nothing left after my priority debts are paid. After mortgage/rent & utility bills what other priority debts do you have? The letter I received from the HCEO state they want payment in full and the will be at my property in 7 days. I'll deal with this separately.

              1. I then submit the N244 & N245 the court grant the stay of execution to stop balifts. The Stay should have been applied for on the N244 and should have included the grounds for doing so - what grounds did you use?
              2. Then the next letter state from the court states the claimant objection payment would not be made within a reasonable time...
              THE COURT DIRECTS defendant applies within 14days and give reasons for re-consideration, the Claimant may enforce payment forthwith. This sounds as if the Claimant objected to your payment proposal & the Stay has been lifted.
              Also it states I have 7 days to reapply again.
              I contact the court and was told I need to pay another £50 with N244. Which I dont have.
              Recently I have not yet received any letters from the HCEO.
              I assume the time has now passed to furnish further details to the Court & if you cannot afford to make another application then enforcement will continue. It would be interesting to see copies of what you submitted originally but acknowledge you will not want all & sundry to see it.

              The original letter you received from the HCEO will have been a Notice of Enforcement and for this £75 will have been added to what you owe. This letter should have given you 7 clear days in which to pay in full or come to an arrangement to pay, you should have been given a specific date when this should have happened by. If no payment has been made or arrangement made you are at risk of an unannounced visit for which you will be charged £190 + 7.5% of any debt over £1000, if no response then another visit will be made this time costing £495. If any goods arevtaken into control and the sale stage kicks in then the fee for this is £525 + 7.5% of the debt again. VAT can be added to those fees listed.

              I have pasted what could be a worst case scenario but there is a way of dealing with this. With all these fees, paperwork & gift of the gab from the attending officer then you think the end of the world has arrived. The HCEO hopes that you just cave in and agree with everything he has said and done. The reality is that if you ignore him and fail to engage with him there is little he can do. A typical HCEO will make 3 or 4 visits and if getting nowhere will return the Writ to your Creditor. The item most at risk is a motor vehicle and these should be moved or put under lock & key (but not in a detached garage). As he is attending a residential address he must gain access peacefully - it would be seriously bad idea to invite him in.

              A Writ has a life of 12 months but may be renewed upon request. Your Creditor can take other forms of enforcement and can even instruct another HCEO to act for them. Just because he has a Judgment is no guarantee he is ever going to get paid.

              Comment


              • #8
                Re: N244 with installment was rejected

                Originally posted by Debt Camel View Post
                I suggest you discuss with your union whether you would be able to keep your job if you get a Debt Relief Order given your health problems and the fact you are a single mum. More about Debt Relief Orders here: http://debtcamel.co.uk/debt-options/...relief-orders/

                Your rent arrears occurred because you were unable to work? What sort of a finance job do you have that doesn't give you sick pay? Did you apply for Housing Benefit to help with the rent? If you did and this was refused, what were the grounds?
                have an appointment with my union this thursday to discuss this...The advise agency I spoke to said that, bankruptcy is a posible option if I can try and come up with £705. I did received sick pay but I used up my stattutory and the coulcil help with my rent but not all, because they did say my rent is really high and they wouldn't be able to pay all. So i used all my savings to pay plus other bills. Housing benefits gave the maximun they could, I then started to fall behind, when i knew i did speak to my landlord as I was a model tenant paid my rent 2 weeks early before the 1st never late or miss a payment. I told them what was happenning instead happenning and I ask for help until I returned to work 2 weeks later I received a court papers and at the time I was so stressed, confused and no where to turned. I sold all my furniture to pay them but it was not enough so I moved out of the house and found a flat for me and my son.went back to the council again but they said your're not homeless so there is nothing they can do. I asked for a top-up it was rejected.

                Comment


                • #9
                  Re: N244 with installment was rejected

                  Originally posted by ploddertom View Post
                  I assume the time has now passed to furnish further details to the Court & if you cannot afford to make another application then enforcement will continue. It would be interesting to see copies of what you submitted originally but acknowledge you will not want all & sundry to see it.

                  The original letter you received from the HCEO will have been a Notice of Enforcement and for this £75 will have been added to what you owe. This letter should have given you 7 clear days in which to pay in full or come to an arrangement to pay, you should have been given a specific date when this should have happened by. If no payment has been made or arrangement made you are at risk of an unannounced visit for which you will be charged £190 + 7.5% of any debt over £1000, if no response then another visit will be made this time costing £495. If any goods arevtaken into control and the sale stage kicks in then the fee for this is £525 + 7.5% of the debt again. VAT can be added to those fees listed.

                  I have pasted what could be a worst case scenario but there is a way of dealing with this. With all these fees, paperwork & gift of the gab from the attending officer then you think the end of the world has arrived. The HCEO hopes that you just cave in and agree with everything he has said and done. The reality is that if you ignore him and fail to engage with him there is little he can do. A typical HCEO will make 3 or 4 visits and if getting nowhere will return the Writ to your Creditor. The item most at risk is a motor vehicle and these should be moved or put under lock & key (but not in a detached garage). As he is attending a residential address he must gain access peacefully - it would be seriously bad idea to invite him in.

                  A Writ has a life of 12 months but may be renewed upon request. Your Creditor can take other forms of enforcement and can even instruct another HCEO to act for them. Just because he has a Judgment is no guarantee he is ever going to get paid.
                  Thank you for all your advice, I have been advice not let them in. I have call their solicitors at least 6 times leaving messages to try and come to some arrangement with installment plan. But she have not contact me or respond to my email. I am going to ring the lanllord again or visit their office do you think this is wise to do. I have tried everything, they did tried to get an attachment of earnings and this was rejected. Will they try again. Also I gave the landlord my deposit, most of the fees so far are solicitors and other fees incur.
                  I dont have a car, but my friend lend me her car to drive my son to his Rugby practice, will they take this.
                  What other form of action can they take? I do want to make some kind of arrangements ''installment'' but I just can't give them what I honestly dont have. It feels hopeless. I haven't slept eat, I just dont know what to do.

                  Comment


                  • #10
                    Re: N244 with installment was rejected

                    I dont have a car, but my friend lend me her car to drive my son to his Rugby practice, will they take this.
                    Bailiffs can't take a car which doesn't belong to you. This can get complicated though if you are the registered keeper of the car - does the DVLC have your name for the car?

                    Comment


                    • #11
                      Re: N244 with installment was rejected

                      Originally posted by DMJ515 View Post
                      have an appointment with my union this thursday to discuss this...The advise agency I spoke to said that, bankruptcy is a posible option if I can try and come up with £705. I did received sick pay but I used up my stattutory and the coulcil help with my rent but not all, because they did say my rent is really high and they wouldn't be able to pay all. So i used all my savings to pay plus other bills. Housing benefits gave the maximun they could, I then started to fall behind, when i knew i did speak to my landlord as I was a model tenant paid my rent 2 weeks early before the 1st never late or miss a payment. I told them what was happenning instead happenning and I ask for help until I returned to work 2 weeks later I received a court papers and at the time I was so stressed, confused and no where to turned. I sold all my furniture to pay them but it was not enough so I moved out of the house and found a flat for me and my son.went back to the council again but they said your're not homeless so there is nothing they can do. I asked for a top-up it was rejected.
                      Advice agencies often tell people that BR is the option for them even when in many cases it clearly isn't, at some point back in credit crunch they said that to me too, even though my debts weren't that big, just old credit cards which are not likely to be enforceable and I have spent most of my life working in the financial sector. :mmph:

                      The BR fees are also ludicrous, you are supposed to be without means if you are BR yet they want you to pay £705! :rant: The DRO option Debt Camel mentioned above is kind of a cheaper form of bankruptcy for people with debts below £15k (although it's soon to be increased to £20k), low income and few assets. The fee was just £90 last time I checked. It's still a form of personal insolvency that can be just as damaging as BR, only a scaled down version so to speak. There are a number of differences between the two, for a start you need to go through an approved intermediary to enter into a DRO. They are supposed to make sure you've had the right advice, etc. before making your decision as well as checking your eligibility.

                      Comment


                      • #12
                        Re: N244 with installment was rejected

                        Originally posted by Debt Camel View Post

                        Bailiffs can't take a car which doesn't belong to you. This can get complicated though if you are the registered keeper of the car - does the DVLC have your name for the car?
                        That is not quite so clear cut now.

                        Comment


                        • #13
                          Re: N244 with installment was rejected

                          a cheaper form of bankruptcy for people with debts below £15k (although it's soon to be increased to £20k),
                          It goes up on Oct 1st, so in practice i20k is the limit which matters to someone taking a decision now.
                          a cheaper form of bankruptcy for people with debts below £15k (although it's soon to be increased to £20k),
                          It still is
                          It's still a form of personal insolvency that can be just as damaging as BR,
                          Agreed. Although there are arguments to be made that bankruptcy and IVAs are worse than DROs from the point of view of getting a mortgage in future, these seem to me to be largely pointless - if you cant cope with your debts now, you have to sort them out. Just making low payments is not going to let you get a mortgage in future either.

                          However, as the advice agency recommended bankruptcy, my suspicion is that the poster is likely to fail the DRO surplus income test. We know very little about her situation - she seems to have been playing a surprisingly high rent to accrue that level of rent arrears and also not to be awarded a DHP.

                          Comment


                          • #14
                            Re: N244 with installment was rejected

                            Originally posted by Debt Camel View Post
                            Bailiffs can't take a car which doesn't belong to you. This can get complicated though if you are the registered keeper of the car - does the DVLC have your name for the car?
                            Yes I am the registered keeper

                            - - - Updated - - -

                            I have told her about my situation and I have given the vehicle back. But it's only just been put in my name

                            Comment


                            • #15
                              Re: N244 with installment was rejected

                              Is it common for he courts to reject an N244 and N245 applilication with evidence or is it just my bad luck? As I was hoping for a court hearing or at least for the court to look at my evidence, such as my budget and a detail explaination of my financial circumstances.

                              Comment

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