Varying order.

[knight1887]

Hi Everyone,

I have been having a rather torrid time over the past few years with a county court claim againest, it ended at the end of may with me submitting to paying the claimants costs and removing my counter claim when my father became ill. I was representing myself and could no longer give any of my time towards the case.

I was unable to pay the costs in full and applied to the courts at the end of september to vary the order so I would pay 300 a month which is all I could afford after paying other debts such as loans, credit cards and rent etc. The paper work for this got lost in the court system and has only recently been submitted to the other side for them to review, they have decided the court has no right to vary the order and insist on a court date.
Whilst the paper work was lost in the court system the other side also applied for a petition for bankruptcy againest me and a statutory order was delivered to me, even though I have told them numerous times I was waiting to hear back from the courts regarding my own application to vary the order. They offer me a to pay a substantial upfront sum and the substantial repayments per month there after at an APR of 8%. I can only afford the 300 as I have already said.

I hoped to find out whether or not the court has a right to vary the order, and why they would turn it down?

Also hoped to find out whether I can get the bankruptcy petition dismissed, due to me already taking action and the courts losing my paperwork?

Many Thanks,

Simon

[Amethyst]

Re: Varying order.

Hi, and welcome to the forum.

The court does have the right to vary the order but the claimants also have the right to argue against the variation, so the hearing will be because they dispute your application, so the judge will listen to both sides before making a decision.

How much is the judgment amount for ?


Regarding the bankruptcy, when you got the statutory demand did you apply to set it aside?

[knight1887]

Re: Varying order.

Hi, Thanks for the welcome,

The judgement amount is £10,000.

I only recieved it yesterday, so will be applying to set it aside soon. Having abit of an issue downloading the forms online.

Simon.

[FlamingParrot]

Re: Varying order.

I was unable to pay the costs in full and applied to the courts at the end of september to vary the order so I would pay 300 a month which is all I could afford after paying other debts such as loans, credit cards and rent etc. The paper work for this got lost in the court system and has only recently been submitted to the other side for them to review, they have decided the court has no right to vary the order and insist on a court date.

The court DOES HAVE the right to vary the order. Did you submit an income and expenditure form to back up your offer, showing £300 is all you can afford? It's a rather substantial amount you are offering, most people with CCJs don't pay that much towards them. :ohwell:

Whilst the paper work was lost in the court system the other side also applied for a petition for bankruptcy againest me and a statutory order was delivered to me, even though I have told them numerous times I was waiting to hear back from the courts regarding my own application to vary the order. They offer me a to pay a substantial upfront sum and the substantial repayments per month there after at an APR of 8%. I can only afford the 300 as I have already said.

I hoped to find out whether or not the court has a right to vary the order, and why they would turn it down?

Also hoped to find out whether I can get the bankruptcy petition dismissed, due to me already taking action and the courts losing my paperwork?

Can you clarify, have you just received a STATUTORY DEMAND or has this progressed to a full bankruptcy petition? :scared: :scared: There's quite a difference between the two.

[knight1887]

Re: Varying order.

Hi Parrot,
Thanks for your response, I filled out an N245 form detailing my monthly expenditures and my offer, 300 is all I have left after paying debts so that was the offer, it doesnt leave me much breathing space.

Its just a Statutory Demand at the moment, they are offering me the chance to make an offer of paying part up front and then a monthly amount, but thats at an APR of 8%, not sure if the courts decision will also include an APR.

Simon.

[FlamingParrot]

Re: Varying order.

Thanks for your response, I filled out an N245 form detailing my monthly expenditures and my offer, 300 is all I have left after paying debts so that was the offer, it doesnt leave me much breathing space.

Its just a Statutory Demand at the moment, they are offering me the chance to make an offer of paying part up front and then a monthly amount, but thats at an APR of 8%, not sure if the courts decision will also include an APR.

Simon.

If you have received a SD you have 18 days to apply for set aside, otherwise they can proceed to petition your bankruptcy. :scared: :scared: Sometimes SDs are just used to scare people into paying, but you can't bank on it. I'd strongly recommend looking at this thread: http://www.legalbeagles.info/forums/...d-here-first**