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Enforcement after receiving a N245 form?

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  • #1

    Enforcement after receiving a N245 form?

    Hi

    Hoping someone can help me with a query. I successfully won a CCJ against an individual for the sum of £3k. The debtor was ordered to pay by December and because of Christmas etc the paperwork came through end of January saying that the debtor should have paid by December!!

    Now end of February I have received a N245 form from the debtor to pay at a stupidly low amount per month which will take 25yrs to pay back. I will reject this offer, however meanwhile can I start the process of instructing a high court enforcement officer or as I have now received the N245 form I can't do this?
    I can't seem to find an answer, at the moment the N245 is not granted and I have a couple of weeks to hold it up but is this allowed? I don't want to end up paying more money to get it transfered to the high court and then it be rejected.

    Additionally is the N245 even valid as its beyond 16 days from the time of the judgement (both Dec and Jan) and not a penny of payment has been received from the debtor

    Thanks in advance

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  • #2
    The N245 puts a hold on any enforcement and if you decline the offer made the court will assess and decide accordingly whether it is a stupidly low offer or if it is actually a reasonable affordable amount based on the debtors income and essential expenditure.

    You can object on the on the grounds that the period for payment is excessive and you could file for order that the debtor has to go to court to evidence the figures used and find out whether any other enforcement is worthwhile if the installments are turned down or defaulted on https://www.gov.uk/government/public...or-questioning

    If the N245 amount is accepted by court despite your protestations then you wouldn't be able to otherwise enforce unless they default on the ordered instalment. If they have a property you could apply for a charge to secure the debt and can do that at any time. Then if payments stopped in the future you may be able to apply for a sale order - of course dependent on circumstances.


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    • #3
      Thanks for coming back to me so quickly. In terms of the N316 form would I be expected to attend court or is it just the debtor?

      Comment

      • #4
        You won't need to attend - either a court officer or a judge will do the questioning and you'll receive a copy of the answers.
        • 2 likes

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