Howard Cohen solicitor/Hoist portfolio court proceedings

[Amethyst]

Oh don't worry, it's a stressful thing to deal with. All you can do is ask, if they say no, then as you say, you have no assets and very little income, so there isn't a huge amount they can do otherwise xxx

[Diamonddogs]

No, I know. I Just envision my girls faces when the men in black knock at the door. Realistically I know there is a procedure here, I still feel the guilt though.

I don't think Hoist intend to accept any offer, I think they've taken their chances all along. I put it in writing before the hearing and it all still went to court. I suppose I'm just to hope the court sees what I haven't got when the payment is to be considered

You've been very informative throughout and kind with it. Helps a lot to people like myself x

[Diamonddogs]

Unless they imprison me... Of course

[Amethyst]

Haha, well, we don't have debtors prison, so you've no worries on that score, but it'd be free food and board

[Diamonddogs]

Well there is that... Not played cards or board games for ages. . Be a mini break

[Diamonddogs]

Sorry to pester .. On a serious note. There's nothing of monetary value to offset this... If they don't accept an offer of installments... I can't pay and I submit all I have to prove that . They don't imprison you (). What will they do?....I need to feel prepared

[Amethyst]

It might just sit there with them doing nothing and ask you every 6 months or so if your position has improved, but they might apply for a attachment of earnings or try enforcement agents, particularly if they are none the wiser as to your position ( it's unlikely they'll have actually read your WS tbh) so you really should put forward your IE for offering payments because that way you'll just have a set amount each month/week. If your IE sheet shows you have nothing there really is nothing they can do. Fill in https://nedcab.cabmoney.org.uk/quickfs.asp to start with so you have the numbers sorted, a CCJ is a Priority Debt so it goes in that section. It'll help you get the numbers right for entering into the N245 form and EX160 form.

[Diamonddogs]

Thank you x

[Diamonddogs]

Amethyst .. Can you clarify as I've conflicting information from StepChange. . This N24 general form of judgement order isn't a notice of enforcement agents to come to the property (at this stage) ? It's just as you said,...the outcome cine of the hearing what the judge adjudged.

[Amethyst]

Indeed.... it's just the judgment, you have 14 or 28 days to pay ( usually says on it ) before they can look to enforcement action. So you want to get an arrangement sorted ( either direct or via a redetermination application ~- N245 form ) asap xxxx ( for enforcement with bailiffs ( unlikely ) they'd have to apply to court for a 'warrant of control' and you'd get notice of that, then a letter from enforcement agents giving more time etc etc - they don't just show up )

What did StepChange say then ? Did they help with your IE sheet to work out what you could afford to offer ?

[Diamonddogs]

Thanks Amethyst . Yes they helped me put pen to paper, I was on the phone for 1m58hrs! I've struggled explaining my circumstances as I'm going through separation.. He works away anyway but still pays certain priority household bills (until something more concrete is sorted, ie: he has funds to finance his own place) . Its amiable so understandable but hard when you have to express it on forms

StepChange have deduced however that im in defecit so I should offer £1 to the court. Include their budget plan with the N245 form (I aim to send this recorded tomorrow, deadline is 11th, was issued 28th Jan ). I'm terrified to do this as its so minimal and don't want it rejected and enforcement agents to then come, theres nothing to take, but I have kids and some pride left.

They confused me regarding the form and said it sounded like it was the 7 days notice before enforcement agents come. They did apologise as they have possibly gotten it wrong . But it scared me nevertheless .

So I submit this, contact other creditors etc... And look into their debt advice options. One was DRO whereas she advised I don't waste the £50 on the fee and not fill in the n245 if I go down DRO route. However I'd rather avoid that regardless ... And then decide how to deal with debts.

[Diamonddogs]

StepChange claimed they've not know a court reject any offer of you have no means to pay. But so far not had much faith.. .

[Amethyst]

Thanks Amethyst . Yes they helped me put pen to paper, I was on the phone for 1m58hrs! I've struggled explaining my circumstances as I'm going through separation.. He works away anyway but still pays certain priority household bills (until something more concrete is sorted, ie: he has funds to finance his own place) . Its amiable so understandable but hard when you have to express it on forms

Sorry you're going through more tough times ... I know it's tricky during this 'changeover' time to put things down on the forms, particularly income/expenditure sheets, and try sorting out all the debts and priority bills, as well as having to cope with life in general. It's a rough time, but it does pass and things do get better.

StepChange have deduced however that im in defecit so I should offer £1 to the court. Include their budget plan with the N245 form (I aim to send this recorded tomorrow, deadline is 11th, was issued 28th Jan ). I'm terrified to do this as its so minimal and don't want it rejected and enforcement agents to then come, theres nothing to take, but I have kids and some pride left.

They confused me regarding the form and said it sounded like it was the 7 days notice before enforcement agents come. They did apologise as they have possibly gotten it wrong . But it scared me nevertheless .

So I submit this, contact other creditors etc... And look into their debt advice options. One was DRO whereas she advised I don't waste the £50 on the fee and not fill in the n245 if I go down DRO route. However I'd rather avoid that regardless ... And then decide how to deal with debts.

Ahh that's good to hear ( other than the panic about bailiffs!!!) ...Stepchange are good at figuring finances stuff out - and have experience with the pro-rata offers so yes get the N245 in, send a copy to court and the judgment holder/claimant -and send the EX160 to the court ... that Stepchange helped with your IE sheet will help too.

Notice of Issue of a Warrant of Control looks like the attached ....hopefully you'll never see one because you'll get that N245 form in !.....

It's fine if you want to do a photo of any documents you have received from the court and email to me to double check admin@legalbeagles.info .

[Diamonddogs]

Amethyst That is very kind of you, thank you. It's been very hard to explain my circumstances, I should've taken action before now re debts and been more open but hid as it sounded like a cliche ans and I was getting judged on forums... Until now, so your words are very uplifting.

It is my understanding that they can still apply for a warrant (enforcement officers) if they refuse the offer of the N245? Or maybe the court will reject it? Either way, I have to get this in and wait.

I'll complete the form tonight, should be straight forward if I mirror what StepChange have on put. I get mixed reviews with StepChange they've been fine with me but another forum advised against their advice (before I joined this one)

The court office advised I should send in the Ex160 plus payment, can't do any harm. And reiterated all you've said on procedure with form N24 (he was surprisingly helpful) . They have a backlog, could take 5 weeks, meanwhile once that forms in they can't apply for a warrant whilst it's being processed etc.

Do you have an opinion on the fact StepChange have advised offer £1? Seems suicidal to me but they're insistant it is understood on my IE I can't afford it at the moment .. They claim they advise it all the time and Its more detrimental to me to be seen to offer more than i can afford.

Thanks for the offer of checking through any
Forms ... You'll be as glad when this is through... Get rid of me

[Diamonddogs]

Plus if I send the StepChange IE with the form N245, the judge can see I am trying to get in top but if offer different to what they've put in the form, being £1....may look a bit like I'm going against the support /advice. Still seems rather strange to expect a judge to consider it.