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Need beagle help please.
Debtor has admitted to the full debt in his response to the court issuing my claim. Easy so far!
So the CCJ requires instalments to be paid by 1st of each month. An Order To Vary (N245) has been applied for by the Judgement Debtor but no hearing as yet and no new sealed new CCJ or Order issued. If payment is not made by 1st is it the case that the CCJ has not been paid and the Debtor has defaulted? Can the CCJ then be transferred to the High Court and a Writ Of Control obtained and enforced by HCEO? If a Writ of Control is/can be issued, how might this be suspended by the Debtor whilst/when the Order To Vary has yet to be reviewed and decided upon?
Also - in the meantime - if either party does not agree to the result of the Order To Vary (i.e. amended repayment amounts, if indeed the court does amend) then the claim is transferred to a hearing at a local court. At this point can I submit an E316 + additional questions ahead of the hearing and will the local court hearing be put on ice by the courts until the Debtor attends to answer questions and I receive the record of answers.
Oh, and then there is 'Redetermination' - how/when can the Debtor apply for this further delay tactic.
This is all likely to take weeks during which time the Debtor has potentially technically defaulted on CCJ instalments, I'm not getting paid, and if I use HCEO then I believe the Lord Chancellor has advised HCEO not to enter premises to take control of goods. So what's the point when for example Debtors have nothing outside (cars, caravan etc).
I can't believe the legal system allows all this to happen - it seems it's a Debtors world ! The Debtor is just plain avoiding paying. He has not paid me a penny since the loan, nothing during the claim, and has now defaulted on the first CCJ ordered installment.
Debtor has admitted to the full debt in his response to the court issuing my claim. Easy so far!
So the CCJ requires instalments to be paid by 1st of each month. An Order To Vary (N245) has been applied for by the Judgement Debtor but no hearing as yet and no new sealed new CCJ or Order issued. If payment is not made by 1st is it the case that the CCJ has not been paid and the Debtor has defaulted? Can the CCJ then be transferred to the High Court and a Writ Of Control obtained and enforced by HCEO? If a Writ of Control is/can be issued, how might this be suspended by the Debtor whilst/when the Order To Vary has yet to be reviewed and decided upon?
Also - in the meantime - if either party does not agree to the result of the Order To Vary (i.e. amended repayment amounts, if indeed the court does amend) then the claim is transferred to a hearing at a local court. At this point can I submit an E316 + additional questions ahead of the hearing and will the local court hearing be put on ice by the courts until the Debtor attends to answer questions and I receive the record of answers.
Oh, and then there is 'Redetermination' - how/when can the Debtor apply for this further delay tactic.
This is all likely to take weeks during which time the Debtor has potentially technically defaulted on CCJ instalments, I'm not getting paid, and if I use HCEO then I believe the Lord Chancellor has advised HCEO not to enter premises to take control of goods. So what's the point when for example Debtors have nothing outside (cars, caravan etc).
I can't believe the legal system allows all this to happen - it seems it's a Debtors world ! The Debtor is just plain avoiding paying. He has not paid me a penny since the loan, nothing during the claim, and has now defaulted on the first CCJ ordered installment.
