Howard Cohen solicitor/Hoist portfolio court proceedings

[Diamonddogs]

OK.... Its very hard to answer on a personal basis. I did this with StepChange as I have no personal income other than CHB... This is going to be calculated on the household income which is earned by someone else (partner). So not sure how they will deal with that

[Diamonddogs]

Who issues the consent order? HC ?... Do they sort all that if they were to agree

[Amethyst]

Yes they can draft it get you to sign it and lodge with the court - some companies will ask you to pay the fee (£100) of filing it with the court.
Some examples here ( so you have an idea what kind of thing I mean ) https://legalbeagles.info/forums/for...-credit-claims

Re your Income/Expenditure - it would be based on household income and expenditure.

[Amethyst]

Also https://legalbeagles.info/forums/for...vance-at-least

for if the hearing does go ahead and you don't feel able to attend.

[Diamonddogs]

Ah OK... I don't have £100 so they probably won't do that. Thank you for the link... And the draft letters, they're definitely a help..

Thank you again.

[Diamonddogs]

Hi Amethyst

Court hearing has been and gone. Received judgement of order today. The court has awarded Hoist the sum of £2671.60 for me to pay by 11th February 2019. I don't have any means to pay this, I don't know what to do now..

[MIKE770]

N245 apply to very payments Amethyst sure will be along soon

[Diamonddogs]

Thank you MIKE770. In my statements I documented I have no assets etc. I do not know how they expect to retrieve this.

[Amethyst]

Okay yes, as you didn't attend ( I'm guessing ) you didn't get to put forward your circumstances so it would just be a forthwith order.... so you'd need to apply for redetermination to try and have it adjusted to a monthly amount.

This is the form https://assets.publishing.service.go...2/n245-eng.pdf and it needs to go to the court with a copy to Hoist.

You'll also want the EX160 so you don't have to pay a fee to file it - this form - https://assets.publishing.service.go.../ex160-eng.pdf

You can file them both at court together.

[Diamonddogs]

OK, thank you. Is it a likelyhood they will accept a monthly amount if they haven't already? Is what I've received standard protocol ..

[Amethyst]

You are asking the court to reset the payments to affordable monthly amounts - tbh it matters not what the claimant wants.

As you didn't negotiate settlement and didn't attend the hearing it went ahead without you, so you had no input in matters other than your prior witness statement/defence and the court will simply have accepted the otherside's version and issued the forthwith order for payment - so now you'd need to ask him to amend that order to an affordable monthly amount, otherwise you are at risk of Hoist looking to enforce the full judgment ( various options such as attachment of earnings, charging order, bailiffs etc ) so you need to either speak to Hoist and see if they can accept a plan but on the understanding that legally they can call in the judgment debt at any time - or take it back to court to ask the judge to set the payments based on your circumstances so that no enforcement can take place unless you defaulted on the new arrangements.

[Diamonddogs]

OK, I didn't realise I could still negotiate with Hoist... My understanding is very poor. Many thanks for your advice .. Again

[Amethyst]

You can do, they don't know your circumstances unless you tell them xxx

The only downside going direct to Hoist is that they have the Forthwith order and if they feel they can enforce they may prefer to do that rather than agree a payment plan, but you can talk to them first, and if it's a no go, apply to the court.

They will likely want to go through your income and expenditure when you speak to them so have the figures to hand xxx

[Diamonddogs]

I did put my circumstances in my witness sta so other than proof they are relatively aware. May I best just best get the court forms filed .. Be safe.. Just hope it gets honoured.

Thanks you for everything x

[Diamonddogs]

Very poor grammar there.... Apologies... Mind overload X