Howard Cohen solicitor/Hoist portfolio court proceedings

[Amethyst]

Oh I never understand why some forums are so bloody judgmental.... no one is perfect and we've all been through crap of our own or someone elses making ... usually why we're on these forums to start with.... grrrr. So certainly no judgment from me.

I don't know about the £1 - if you have been through with Stepchange and that's what the IE sheet says you can do, that is what it is, all they can do is look at your figures at the court and say, hmmm, I think you could probably manage £5 .... and order that.... don't go in with an offer that will not be sustainable long term and breaking the installment order in 6 months, a year, etc and you'd be back to thinking about enforcement again.... and we don't want that. I don't agree with Stepchange on a lot of stuff, but IE sheets and affordability and knowing what will be acceptable are their thing.

There's a thing called the 'Standard Financial Statement' that the courts, the debt agencies and the charities all use - these have certain figures on - allowances if you like of what's necessary for minimum living standards and ensuring priorities are paid/sorted. So they are all singing from the same page xxx

[Amethyst]

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.

There are plenty of orders out there for £1... here's one for example...
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[Diamonddogs]

Yes, I found out the hard a way about forums. They failed to notice I'd owned my own home for nearly 20yrs, worked, had no bad debt. This day an age, its becoming harder to get back on track.. But ah well... I'm human. (even the mighty can fall )... .. This forums' been far more understanding

That was my thinking on the £1...that the judge may consider a higher amount. ... And with my offer being low, hopefully he would set it not too high, providing it wasn't £300!

That's interesting to know... 'Standard Financial Statement'


OK.... Well I'll get on with this form and leave you alone (for a bit ) ... Thank you x

[Amethyst]

No worries - we're always here xxxx

[Diamonddogs]

Amethyst (I'm sorry to nag so soon)I have submitted my form N245 now, the court office advised that the claimant's can't take any further action whilst the application is in process. Unfortunately my mind is running wild regardless, anxiety of enforcement officers are kicking in.

Are you able to give me any Info on this. I'm not looking forward to another weekend of uncertainty. I've read lots on procedures but it's conflicting . ..From Count court to high courts enforcement. I know they're rules but I read they're not always adhered to....Scared they'll just show up. I'm not concerned about what they take so much as to the humiliation and explaining to my kiddies, makes me feel sick.

I keep coming across that debts regulated by consumer credit act can only be enforced my Hceo. Then I read that creditors can apply for a' writ ' without court ... Hceo can only enforce criminal fines... CCJ isnt a criminal offence ...but failure to pay a CCJ is (I'm scared I'm not paying the judgement with this application)....they should give you 7 days notice... (should... But might not )

[Amethyst]

Well done for getting the redetermination form in xxxx

To enable the judgment holder to send enforcement agent to your house they first have to wait for the payment date of the judgment to pass then apply to the court for a warrant of control - the court won't issue this while the N245 application is being considered. If they did somehow cock up and issue the warrant of control they send you a copy giving 14 days notice before the enforcement agent writes to you, giving I think 7 days, and only after then could an enforcement agent actually visit.

Failure to pay a CCJ is NOT a criminal offence. The only criminal offences would be not providing details if a statement of means or attachment of earnings notice was issued ( and they are just filling in forms ).

Really stop reading bollocks on the internet You shall be fine xxxx

[Diamonddogs]

"" Really stop reading bollocks on the internet "" .. .. Bloody made me laugh this comment !

I don't think one of StepChange advisors helped my state of mind, saying this general form of judgement order I'd received 'stating to pay in full' was enforcement agents.

Its these TV programmes too, doing what they were intended for on me right now! Funny how even rational logical thinkers can be resorted to a 'mess'. I'm not sleeping too well doesn't help one's state of mind

Thanks for quick response .. And reassurance xx

[Diamonddogs]

The pest again.... I recieved a letter from the courts , returning my £50 fee as I qualify for help with fees apparently. .. I only have to pay £15.

The letter is signed from someone in 'Baliff Section' . That word again .. I'm wondering why

[Diamonddogs]

Also have I filled this application in correctly? Thees two boxes to apply for... Suspension of warrant and/or reduction in in instalment order.. I only tickrd the second box as I have no warrant yet . I don't think

I know you'll not pick this up until Monday x

[Amethyst]

Can you do a pic of letter they sent you and what you sent them pls just to check. Not a clue why it should go to 'bailiff section' without there having been any application for a warrant - you are just applying for redetermination - no warrant exists to suspend. But it might just be n245 apps are dealt with by the bailiff section because people often don't file the n245 until after they've had a visit.

Did you send the EX160 fee remission application with it ? Anyway good news on the application fee

[Diamonddogs]

Amethyst can I send this by email? It won't let me upload on here for some reason x

[Diamonddogs]

The ex160 application I did online and attached a template letter they give you, simply to state this. I put the application number on the N245

[Diamonddogs]

Amethyst ...I've sent an email with the letters FYI... Dozey ****, I forgot to put my name in the email....

[Amethyst]

That's okay got them, and yes it looks fine - not sure why the letter is signed off by the bailiff section but presumably it is because it's a n245 app for redetermination on a forthwith judgment and that should give you confidence that the bailiff section are aware of the application and if a warrant of control is requested by the judgment holder it will be held until after the judge has looked at the redetermination app.

Dont forget to give court a call to pay the £15 xxx

[Diamonddogs]

OK.. .thank you . Yes I'll call and pay that today x