Quick N245 form question please

[xpeterpx]

Can the N245 form be used to stop High Court enforcement after a ccj has been granted at county court level? Assuming the ccj has progressed to High Court level

Thank you

[ploddertom]

No..

[xpeterpx]

So there is no way of stopping High Court enforcement if that's what the company claiming decides to do?
Thanks

[Amethyst]

You want to file an N245 application to suspend the warrant and pay by instalments if it was a forthwith order originally. Have you received communication saying an application for enforcement has been made ?

[xpeterpx]

Thanks. No no notification at the moment. As things stand the company owe have obtained a ccj at county level and have accepted my repayment amount. This just seems odd as I feel they have done this just to progress it to High Court to get enforcement under way. The concern is the debt is not CCA so it seems they can do this.

[Amethyst]

Was the order forthwith or instalments ? You can carry on with an informal arrangement out if court to pay instalments, but it is best to get it in writing, so if they did try enforcement you can say 'hang on, they agreed to £x amount a month and I've not missed a payment'... otherwise you can use N245 to vary the forthwith order to instalments at the amount you agreed with the judgment holder - then it's all formalised and set in stone - and couldn't be amended or enforced further without an application to court.

[xpeterpx]

Thanks.
The ccj was for instalments set by the county court.

[Amethyst]

As long as you make the payments as ordered you are completely fine - the only enforcement potentially would be the judgment holder could apply to have a charging order to secure the debt in your property whilst payments are made.

What made you think they they were going to send it to bailiffs ?

[xpeterpx]

Well this is a claims management company we are talking about and I note they are not FCA regulated. The claim is for non payment of an invoice from a successful ppi claim. I completely messed up. I thought that as this claims is not a consumer credit act claim they can follow different rules?
I really need to avoid enforcement as that would devastate my family.
Thanks

[MIKE770]

if court order instalments everything else irrelevant for now