General form of Judgement or Order, is it a CCJ??

[speechy123]

I have received a General Form of Judgement or Order N24 form today stating 1. Judgement for Claimant for £xxxx payable by xxDecember 2011 the defendants having no real prospect of successfully defending the claim and there being no other reason for the matter proceeding to trial.

2. Defendants to pay Claimants costs summarily in the sum of £xxxx also in 21 days.

Is this a CCJ??

It is for a large amount of money and I have no means of paying within this time frame.


Is it just a statement or does it need any action?

Any help will be appreciated.

[labman]

Re: General form of Judgement or Order, is it a CCJ??

You should already have had the chance to apply to pay in installments. Are you saying this did not happen, or did you just fail to respond to it?

[Guest]

Re: General form of Judgement or Order, is it a CCJ??

Hi

Not really my area, but yes i would say you need to do something, this is a judgment. Were you not aware of the case?

Peter

[speechy123]

Re: General form of Judgement or Order, is it a CCJ??

Yes I was aware and fought it until the last telephone conference when I was badly let down by my mackenzie advocate, and I failed to contact them. This was the result.

[labman]

Re: General form of Judgement or Order, is it a CCJ??

Did you not ask to pay in installments, and if you did, why was the request refused?

[speechy123]

Re: General form of Judgement or Order, is it a CCJ??

Telephone conference was on 8th Dec, I stupidly was not available (for reasons stated above) and the next contact was the order received today.

[labman]

Re: General form of Judgement or Order, is it a CCJ??

You really need someone much more knowledgeable than me about court procedures with this. I believe that normally you can apply for a redetermination to make an offer of payment affordable to you, but I'm not sure if this is the case when judgment was gained by default.

Sorry - I hope someone will be along soon who can answer your question fully for you.

[speechy123]

Re: General form of Judgement or Order, is it a CCJ??

Thanks for your help

[labman]

Re: General form of Judgement or Order, is it a CCJ??

As I read the following:

http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm666400.htm

it looks to me as though you should be able to fill in an N294 for a Variation of Order, but please do not take this as gospel truth - I'm out of my depth, but trying to help!

[speechy123]

Re: General form of Judgement or Order, is it a CCJ??

great thanks

[ploddertom]

Re: General form of Judgement or Order, is it a CCJ??

As you did not take part in the arranged telephone conference Judgment has now been made against you by default. As the Court has no idea of your circumstances they will have issued it to be paid forthwith - hence the time scales. If you do not pay by the due dates then the Claimant may seek to take further enforcement action - the costs of which will be added to your debt. This may include applying for a Warrant of Execution whereby you may receive a visit from the County Court Bailiff. If Judgment & costs is for more than £600 they could apply to transfer to the High Court for enforcement and a High Court Enforcement Officer will attend - there costs can be astronomical.

All is not immediately lost, you could apply for Set Aside but as the Judgment states you have no real defence plus not taking the Conference call you may just be throwing money away. You can apply for a Variation Order whereby after submitting your Income & Expenditure the Court may set the level of payment - this is done on Form N245, if successful with this then no further enforcement action would follow unless of course you default on the payments, the Claimant may also apply at regular intervals to have the payments increased.

[labman]

Re: General form of Judgement or Order, is it a CCJ??

PT - I thought the N245 was the one submitted before judgment; I thought the one after judgment was the N294. Both are for Variation of the Order.

I'm not at all used to dealing with these issues, just read a lot earlier on. Just checking you're sure that's the right form to use once the default judgment has been made (see my link further up).

[ploddertom]

Re: General form of Judgement or Order, is it a CCJ??

PT - I thought the N245 was the one submitted before judgment; I thought the one after judgment was the N294. Both are for Variation of the Order.

I'm not at all used to dealing with these issues, just read a lot earlier on. Just checking you're sure that's the right form to use once the default judgment has been made (see my link further up).

N245 is for a Variation of the Order/Suspension of Warrant

That is if you have a Forthwith Order and cannot afford to pay you may apply on this to have the Court tell what you have to pay - an I&E must be supplied - a good one to use for this can be found at Personal Budget Sheet: North East Derbyshire Citizens Advice Bureau

The other option for this form is when a Warrant of Execution has been issued and you have received a visit from the County Court Bailiff, an application made for this is to suspend the Warrant pending determination of another event. Do NOT confuse this with a Stay of Execution for a Writ of FiFa.