Court claim - rent arrears

[Kati]

Re: Court claim - rent arrears

:bump: for [MENTION=55034]nemesis45[/MENTION]??

[n20998]

Re: Court claim - rent arrears

Just reading the form I haven't received the 'notice of application'. Do I use block capitals or not? Can I add a separate sheet to list my creditors and reasons for asking for a suspended order? What if I don't have a payslip available?:tinysmile_cry_t:

[n20998]

Re: Court claim - rent arrears

Realised I have until Tuesday to post it. Any help would be great. I really don't know what I need to do, or if I'm being disadvantaged here by not receiving all the documentation (I phoned the court on Friday and they said they normally just send out the form - that doesn't seem right).

[nemesis45]

Re: Court claim - rent arrears

:bump: for @nemesis45??

Got it [MENTION=49370]Kati[/MENTION] thank you!
nem

[nemesis45]

Re: Court claim - rent arrears

Just reading the form I haven't received the 'notice of application'. Do I use block capitals or not? Can I add a separate sheet to list my creditors and reasons for asking for a suspended order? What if I don't have a payslip available?:tinysmile_cry_t:

Not had a chance to read you thread, am I correct in thinking you are making an written application to vary a judgement order.
If your are not using a word processor or computer printer use Block Capitals, Double space between paragraphs and yes send a
list of all creditors with the Name/ Contact Details, amount owed and amount you are paying. A short income summary would help
the court assess how much you can pay. No payslips you should have a P60 from around April/May copy that.

nem

[n20998]

Re: Court claim - rent arrears

Hi nemesis, it's not an application to vary a judgement order (I don't think). The claimant has made an application for an attachment of earning (used the wrong address so I didn't get documentation). I've been sent a N56 form to fill in.

[nemesis45]

Re: Court claim - rent arrears

Hi nemesis, it's not an application to vary a judgement order (I don't think). The claimant has made an application for an attachment of earning (used the wrong address so I didn't get documentation). I've been sent a N56 form to fill in.

OK is the AOE suitable for you?

Are you employed or self employed, living on benefits income alone?
Would an AOE jeopardise your employment?

nem

[n20998]

Re: Court claim - rent arrears

Hi nem, yes I'm employed. It may jeopardise my employment, I work with sensitive information and I'm in formal measures relating to attendance so it's not going great! I was thinking of putting this as the reason I am asking for a suspended order

(1) (1) I ask for a suspended order as this would cause significant problems with my employment, particularly due to the sensitive nature of the work and I’m currently under formal measures for attendance (a period of sick leave in 2014 which contributed to this debt accruing). If I lose this job I will be unable to make any repayments for this debt or other debts causing further problems.


(2) (2) There have been issues with this process, including having the judgement twice sent out incorrectly. This resulted in me being unable to make the first payment on time. I contacted the claimant’s representative by email on xxxx regarding this, and the claimant directly on xxxx to ask that if I made the payment late they would take no further action. These emails were ignored.


(3) (3)This process has been delayed due to the claimant’s representative using the wrong address for this attachment of earnings order. This is despite me advising them of the change of address on xxxx and after this date them using the correct address. The first I heard of this attachment of earnings order was on xxxx when the claimant’s representative contacted me to advise they were seeking to get bailiffs to serve me with the notice – following this I contact the court to find out what had been happening.

- - - Updated - - -

Not sure why those numbers are showing twice. Also I made an offer of a Tomlin Order before the judgement was made. Is this worth mentioning?

[nemesis45]

Re: Court claim - rent arrears

Hi nem, yes I'm employed. It may jeopardise my employment, I work with sensitive information and I'm in formal measures relating to attendance so it's not going great! I was thinking of putting this as the reason I am asking for a suspended order

(1) (1) I ask for a suspended order as this would cause significant problems with my employment, particularly due to the sensitive nature of the work and I’m currently under formal measures for attendance (a period of sick leave in 2014 which contributed to this debt accruing). If I lose this job I will be unable to make any repayments for this debt or other debts causing further problems.


(2) (2) There have been issues with this process, including having the judgement twice sent out incorrectly. This resulted in me being unable to make the first payment on time. I contacted the claimant’s representative by email on xxxx regarding this, and the claimant directly on xxxx to ask that if I made the payment late they would take no further action. These emails were ignored.


(3) (3)This process has been delayed due to the claimant’s representative using the wrong address for this attachment of earnings order. This is despite me advising them of the change of address on xxxx and after this date them using the correct address. The first I heard of this attachment of earnings order was on xxxx when the claimant’s representative contacted me to advise they were seeking to get bailiffs to serve me with the notice – following this I contact the court to find out what had been happening.

- - - Updated - - -

Not sure why those numbers are showing twice. Also I made an offer of a Tomlin Order before the judgement was made. Is this worth mentioning?

Yes certainly use the Tomlin Order offer, this can only work in your favour as it shows willingness to pay the debt.

All the above is good too!!
Make sure you answer all the questions on the N56 don't leave them anything to " latch on to"!

nem

nem

[n20998]

Re: Court claim - rent arrears

Thanks nem, I'm going to add the Tomlin Order bit to part (2) as it's something else they have ignored.

One last q if I may. Do I need to explain why my expenditure has changed since the judgement - it has and it's simply due to being in a different, more expensive property. Or can I just put the new, correct figures?

[n20998]

Re: Court claim - rent arrears

Thinking of wording it like this. Does it sound ok? I have no idea what I'm doing!

I would like a suspended order because

(1) I ask for a suspended order as this would cause significant problems with my employment, particularly due to the sensitive nature of the work and I’m currently under formal performance measures for attendance (a period of sick leave in 2014 which contributed to this debt accruing). If I lose this job I will be unable to make any repayments for this debt or other debts causing further problems.


(2) There have been issues with this process, including having the judgement twice sent out incorrectly. This resulted in me being unable to make the first payment on time. I contacted the claimant’s representative by email on xxxx regarding this, and the claimant directly on xxxx to ask them to agree that if I made the payment late they would take no further action. These emails were ignored.



(3) Before the judgement was made, on xxxx, I put forward an offer to the claimant and their representative to resolve this issue by way of a Tomlin Order. This offer was ignored. This, as well as (2) show that I am attempting to resolve this issue, I am willing to make payments towards this debt but have been unable to make an appropriate arrangement with the claimant and their representative.



(4) This process has been delayed due to the claimant or their representative using the wrong address for this attachment of earnings order. This is despite me advising them of the change of address by email on xxxx and after this date them using the correct address. The first I heard of this attachment of earnings order was on xxxx when the claimant’s representative contacted me to advise they were seeking to get bailiffs to serve me with the notice – following this I contacted the court to find out what had happened and was sent the N56 form, but I have not seen the notice of application.

[n20998]

Re: Court claim - rent arrears

apologies for bumping but I'm going to print the above and send with my form (and a list of payments to other creditors) this evening...should I change anything?

[Kati]

Re: Court claim - rent arrears

[MENTION=55034]nemesis45[/MENTION]??

[nemesis45]

Re: Court claim - rent arrears

@nemesis45??

Got it Kati:tinysmile_twink_t2:

[nemesis45]

Re: Court claim - rent arrears

Thinking of wording it like this. Does it sound ok? I have no idea what I'm doing!

I would like a suspended order because

(1) I ask for a suspended order as this would cause significant problems with my employment, particularly due to the sensitive nature of the work and I’m currently under formal performance measures for attendance (a period of sick leave in 2014 which contributed to this debt accruing). If I lose this job I will be unable to make any repayments for this debt or other debts causing further problems.


(2) There have been issues with this process, including having the judgement twice sent out incorrectly. This resulted in me being unable to make the first payment on time. I contacted the claimant’s representative by email on xxxx regarding this, and the claimant directly on xxxx to ask them to agree that if I made the payment late they would take no further action. These emails were ignored.



(3) Before the judgement was made, on xxxx, I put forward an offer to the claimant and their representative to resolve this issue by way of a Tomlin Order. This offer was ignored. This, as well as (2) show that I am attempting to resolve this issue, I am willing to make payments towards this debt but have been unable to make an appropriate arrangement with the claimant and their representative.



(4) This process has been delayed due to the claimant or their representative using the wrong address for this attachment of earnings order. This is despite me advising them of the change of address by email on xxxx and after this date them using the correct address. The first I heard of this attachment of earnings order was on xxxx when the claimant’s representative contacted me to advise they were seeking to get bailiffs to serve me with the notice – following this I contacted the court to find out what had happened and was sent the N56 form, but I have not seen the notice of application.

Says it all I think!!
If you have any " evidence" of the communications to the wrong address or any other written info on that attach them as an exhibit.

nem