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AFTER JUDGEMENT GIVEN -Previous closed at my request

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  • AFTER JUDGEMENT GIVEN -Previous closed at my request

    morning,

    well, I've just received an N245 Applictin for suspension of a warrant and/or variation of an order from the Defendant now stating that she is only able to pay £50 per month for the next three years!!
    after she wrote to me offering this amount, I declined and stated I required £200 per month, she then paid £200 into my account on 17 April 2018, the date that the Judgement stated it should be paid in full!
    She has lied about her monthly outgoings and total debt (I have documentary evidence stating what her outgoings are). Drawn up by the CAB...
    She states that her bank account is £2000 overdrawn when in fact she has no overdraft facility on her account, again,mInhave documentary evidence, that was left here when she moved out!!!!
    Tags: None

  • #2
    She may well have incurred costs when she moved out and increased her overdraft etc. It is a costly business starting over after the breakdown of a relationship, particularly as she has left the shared property. If CAB have assisted her she will have provided documents to to them to help with sorting out her budgeting. Her credit file will show this CCJ for the next 6 years and it will be on the register of judgments.

    If you do not believe she is being honest about her financial position you could apply to court - firstly replying to the N245 saying you do not accept the offer - I think you have 14 days to do that ( should say on the form from the court ) then the court would set a hearing date I believe --- or you could look at questionning in court https://www.moneyclaimsuk.co.uk/PDFForms/N316.pdf - however if it turns out her budget/IE sheet is correct and the amount ordered is £50 or even lower you could end up with further costs against you.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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    • #3
      Originally posted by Ollieb123 View Post
      morning,

      well, I've just received an N245 Applictin for suspension of a warrant and/or variation of an order from the Defendant now stating that she is only able to pay £50 per month for the next three years!!
      after she wrote to me offering this amount, I declined and stated I required £200 per month, she then paid £200 into my account on 17 April 2018, the date that the Judgement stated it should be paid in full!
      She has lied about her monthly outgoings and total debt (I have documentary evidence stating what her outgoings are). Drawn up by the CAB...
      She states that her bank account is £2000 overdrawn when in fact she has no overdraft facility on her account, again,mInhave documentary evidence, that was left here when she moved out!!!!
      A bit confusing how you have worded it...

      Is the documentary evidence you have a previous CAB drawn up I & E form?

      Or is the one she has submitted to the court the one drawn up by CAB?
      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

      Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

      Comment


      • #4
        Thanks Amethyst
        Some of the outgoings she is stating she is having to pay are for HP items purchased by her and my son that she has now sold, so she has had large sums of money up front but has the finance to pay.

        She moved in with her boyfriend before Xmas, is able now to afford foreign holidays to Thailand X 2, China, Las Vegas etc.,
        Not paying her share of the joint mortgage and household bills (gives her more disposable income)
        She was repaying me back at £250 per month, then reduced to £125 with no issues or problems regarding her so called debts now!
        Promotion at work - an extra £4000 p.a. - meaning approximately £280 per month more income
        Extravagant purchases of expensive designer clothing brands and footwear quite freely shared on social media
        (perhaps as am being petty now, but I am dismayed at how everything is now seemingly weighted in her favour through the court system)
        'the box she has ticked is ' a reduction in the instalment order' - of which there is no instalment order. Judge did not rule on that one.

        So more incomings
        Much less outgoings. But states she has only £283 per month to share between her non priority creditors total outstanding £8440.76. Really convenient how it's been worked out that the amounts she owes people!

        Statement says £210 rent (she pays nothing - I know the landlord and this is paid by her boyfriend and his sister who share a house)

        i am just fed up with it all now, however, I Will keep on with it and make my response concise and clear with supporting evidence.


        Comment


        • #5
          Originally posted by Ollieb123 View Post

          Statement says £210 rent (she pays nothing - I know the landlord and this is paid by her boyfriend and his sister who share a house)
          Sounds like she's claiming she pays a portion of the rent.
          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

          Comment

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