Howard Cohen solicitor/Hoist portfolio court proceedings

[Amethyst]

Morning xxx Any chance you can email me this template letter stepchange told you to put with the N245 app ? I'm a little concerned that Stepchange went off on the enforcement agent panic mode route without any justification so just want to check there isn't anything in it that might be why you got a reply from the bailiff section rather than the court manager (it's not an issue - I'm just nosey really )

[Diamonddogs]

You can be nosey all you like. It wasn't from StepChange. I filled in the Ex160 online. GOV website. The courts office advised me to do this an send In the letter that comes with the email. (I'll email you this so it's clearer).

So I sent N245 form... With template letter to say I'd applied for help with fees. And the StepChange budget plan/IE to show I have sought advice etc.

Did throw me a bit it coming from baliff section. Really getting me down this stage of it x

[Amethyst]

Aye, I know it's stressful, don't worry, you should get an order in a couple weeks with an installment order from the judge once he's considered your N245 and ie sheets. The email is fine, no problems there whatsoever xxxx

[Diamonddogs]

StepChange suggested a DRO but I've not looked into all the implications yet... If it goes to bailiffs, may be only way if they don't accept payment plan. I'm still waiting on the info from StepChange.

[Diamonddogs]

Phew....at least I got the paperwork in OK then. The judge may not give me an installment order though or out of my affordability.... Although I believe its rare but that's StepChange advisors!

So if the judge does set installments, (I understand that they creditors can refuse), but if the judge dismissed this, can the creditors still go for a warrant? Do they have to go through the judge for this?

[Diamonddogs]

Amethyst ...when I called the court office to pay the fee. A very helpful lady explained all the above process for me so no need to answer on that.

She also clarified what you stated. The N245 is generally an application to suspend a warrant, hence dealt with by Baliff Section .

[Amethyst]

Cool xxx Let me know when you hear back from court then

[Diamonddogs]

The below was said to me on a previous forum before I joined this. .. Any idea what I should have done differently? I don't know what paperwork I could have filled to stop a forthwith order (if that's what I got.?).just be intesting to know x

"" I hope stepchange are advising you to complete the court paperwork correctly so as to get an instalment order on that ccj. If not you will get a 'forthwith judgement'. That makes no difference if you are doing a dro, but could lead to the creditor trying other enforcement methods if you don't, and they do not accept the £15. And if the debt is over £900, that offer does not clear it in what is seen as a reasonable period.""

[Diamonddogs]

Amethyst ....variation order received today. Court order I pay £1 per month. I'm assuming they can apply for having this over turned next. But so far so good for me x

[Amethyst]

Yeyyy, told you it'd be okay - next you want to contact Hoist to sort out how to make the payments. They will want to review every six months or so but don't worry about that, just make sure you make your payments, and if at some point in the future you are in a position to try settle the CCJ at a discount ( say 50% ) you could try that, they can apply to secure the installment order by a charging order but that's about it enforcement wise. The court has ordered £1 payments and to do anything else the judgment holder will have to apply to the court first.

On your previous post - I think that person was a bit confused about court processes - you got a forthwith order as you didn't carry on with your defence against the claim - ie you defended but didn't attend the hearing so the court found against you and you hadn't filed anything offering installments or anything, so all they could do was order forthwith payment. You've sorted it now with the N245 so all is fine xxx

[Diamonddogs]

Ah that explains that , been baffling me what I could have done differently. Definitely made sense as you had already said, they had no option but to put the order on me, I didn't attend etc...

What's baffling me is I called the court on Monday. The office said that the claimant had refused the offer and the court was awaiting their full response. That's why I asked should this be it now... (for now anyway) .

I am looking down avenues of DRO now. Bit daunting but need get myself on track. Never felt so anxious . If I don't do this then I will naturally keep up payments with a view of settlement of I can at some point

I cannot thank you enough for all your advice, this support & forum has helped keep me on track, at ease. I started doubting myself and having someone say I was doing it right helped keep me sane. Xx